THE PEOPLE EX REL. JOHN D. VANILLE V SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, NEW YORK STATE DEPARTMENT OF
Motion No: KAH 09-00972 AND KAH 09-01010
Slip Opinion No: 2010 NY Slip Op 77553(U)
Decided on July 20, 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.


July 20, 2010

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.

KAH 09-00972 AND KAH 09-01010
Index No: 09-36338

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

JOHN D. VANILLE, PETITIONER-RESPONDENT,

V

SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, NEW

YORK STATE DIVISION OF PAROLE AND

NEW YORK STATE ATTORNEY GENERAL, RESPONDENTS-APPELLANTS.


Appellant having moved to vacate the dismissal of the appeal taken from the order and judgment of the Supreme Court, Orleans County dated May 8, 2009,

Now, upon reading and filing the affirmation of Julie S. Mereson, Esq. dated June 18, 2010, the notice of motion with proof of service thereof, the affirmation of Vicky L. Valvo, Esq. dated June 30, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before August 19, 2010.

Entered: July 20, 2010

Patricia L. Morgan, Clerk