| THE PEOPLE EX REL., DAVID GARCIA V MARK BRADT, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY |
| Motion No: KAH 11-00663 |
| Slip Opinion No: 2011 NY Slip Op 73901(U) |
| Decided on May 24, 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.
KAH 11-00663
Index No: 21048-10
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., DAVID GARCIA,
DEFENDANT-APPELLANT, V MARK BRADT, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for leave to appeal from an order of the Supreme Court, Wyoming County entered, January 4, 2011,
Now, upon reading and filing the statement of David Garcia dated March 28, 2011, the notice of motion with proof of service thereof, the affirmation of Marion Park, Esq. dated April 18, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The order of Supreme Court, Wyoming County is appealable as of right (see CPLR 7011) if petitioner has timely filed and served a notice of appeal. Absent proof that either party served a copy of the order sought to be appealed with written notice of entry, there is no basis upon which to conclude that the time for filing a notice of appeal has commenced (see CPLR 5513 [a]).
Entered: May 24, 2011
Patricia L. Morgan, Clerk