| IN THE MATTER OF ALPHONSE SIMMONS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 09-01615 |
| Slip Opinion No: 2010 NY Slip Op 77014(U) |
| Decided on July 14, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-01615
| IN THE MATTER OF ALPHONSE SIMMONS, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 27, 2009,
Now, upon reading and filing the affidavit of Alphonse Simmons sworn to May 19, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the Clerk is directed to accept the brief and record for filing.
Entered: July 14, 2010
Patricia L. Morgan, Clerk