| IN THE MATTER OF JAMES D. JOHNSON V ONONDAGA COUNTY SHERIFF'S DEPARTMENT, NEW YORK STATE DIVISION OF PAROLE, AND NEW |
| Motion No: CA 09-02485 |
| Slip Opinion No: 2010 NY Slip Op 90839(U) |
| Decided on December 15, 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 09-02485
| IN THE MATTER OF JAMES D. JOHNSON, PETITIONER-APPELLANT, V
ONONDAGA COUNTY SHERIFF'S DEPARTMENT, NEW YORK STATE DIVISION OF PAROLE, AND NEW YORK STATE DEPARTMENT OF CORRECTIONAL
SERVICES OFFICE OF SENTENCING AND REVIEW, RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order and judgment of the Supreme Court, Onondaga County (John Brunetti, A.J.), dated October 21, 2009,
Now, upon reading and filing the affidavit of James D. Johnson sworn to October 8, 2010, and 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, on the condition that appellant perfects the appeal on or before February 14, 2011.
Entered: December 15, 2010
Patricia L. Morgan, Clerk