| IN THE MATTER OF JOHN HOGAN V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 10-00412 |
| Slip Opinion No: 2011 NY Slip Op 63025(U) |
| Decided on February 1, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00412
| IN THE MATTER OF JOHN HOGAN, 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 a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 17, 2009,
Now, upon reading and filing the statement of John Hogan dated January 1, 2011, 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 April 4, 2011.
Entered: February 1, 2011
Patricia L. Morgan, Clerk