In the Matter of Daniel Castro et v Brian Fischer as Commissioner of Correctional Services

Motion No: 510415

Slip Opinion No: 2010 NY Slip Op 87617(U)

Decided on November 5, 2010

Appellate Division, Third 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.

Decided and Entered: November 5, 2010

Case # 510415

In the Matter of DANIEL CASTRO et al., Appellants, v BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal. The time to file and serve the responding brief is extended to December 6, 2010.
CARDONA, P.J., MERCURE, ROSE, KAVANAGH and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court