| NEW YORK STATE COMMISSION OF CORRECTION V TIMOTHY B. HOWARD, INDIVIDUALLY AND IN HIS CAPACITY AS SHERIFF OF ERIE COUNTY |
| Motion No: CA 10-01125 |
| Slip Opinion No: 2010 NY Slip Op 75849(U) |
| Decided on June 25, 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 10-01125
| NEW YORK STATE COMMISSION OF CORRECTION,
PETITIONER-RESPONDENT, V TIMOTHY B. HOWARD, INDIVIDUALLY AND IN HIS CAPACITY AS SHERIFF OF ERIE COUNTY,
RESPONDENT-APPELLANT. |
Petitioner-respondent having moved to vacate the stay of all proceedings to enforce the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2010, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affirmation of Frank Brady, Esq. dated May 12, 2010,
the notice of motion with proof of service thereof, the affirmation of Kristin Klein Wheaton, Esq. dated May 28, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 25, 2010
Patricia L. Morgan, Clerk