| IN THE MATTER OF WILSON RODRIGUEZ V BRIAN FISCHER, COMMISSIONER OF NEW YORK STATE DOCS |
| Motion No: CA 10-00168 |
| Slip Opinion No: 2010 NY Slip Op 65191(U) |
| Decided on March 5, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00168
| IN THE MATTER OF WILSON RODRIGUEZ, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER OF NEW YORK STATE DOCS, RESPONDENT-RESPONDENT. |
Appellant having moved for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on November 12, 2009,
Now, upon reading and filing the affidavit of Wilson Rodriguez sworn to December 9, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied as unnecessary, the motion is hereby treated as a notice of appeal, and the appeal is deemed to have been timely taken (see CPLR 5520 [a]).
Entered: March 5, 2010
Patricia L. Morgan, Clerk