| Matter of Black v New York State Division of Parole |
| Motion No: 2010-08779 |
| Slip Opinion No: 2011 NY Slip Op 73049(U) |
| Decided on May 17, 2011 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M119133
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
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2010-08779 ORDER TO SHOW CAUSE In the Matter of Robbie Black, appellant, v New York State Division of Parole, respondent. (Index No. 10-5907)
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Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated August 2, 2009.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal has been rendered academic by the appellant's release on parole, by filing an affidavit on that issue with the Clerk of this Court on or before June 16, 2011; and it is further,
ORDERED that the appellant's application is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court or his designee is directed to serve a copy of this order to show cause upon the appellant at 05-A-2245, Mid-Orange Correctional Facility, 900 Kings Highway, Warwick, N.Y. 10990, and 430 Dumont Avenue, Apt. 3-A, Brooklyn, N.Y. 11212, by ordinary mail.
ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court