| 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 77537(U) |
| Decided on July 19, 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 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 dismiss the appeal taken from a order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Frank Brady, Esq. dated June 30, 2010, the notice of motion with proof of service thereof, the affirmation of Kristin Klein Wheaton, Esq. received July 16, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 3, 2010.
Entered: July 19, 2010
Patricia L. Morgan, Clerk