| IN THE MATTER OF DONTIE S. MITCHELL V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 11-00383 |
| Slip Opinion No: 2011 NY Slip Op 78745(U) |
| Decided on July 19, 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 11-00383
| IN THE MATTER OF DONTIE S. MITCHELL, 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 an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 6, 2010,
Now, upon reading and filing the affidavit of Dontie S. Mitchell, sworn to June 7, 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 denied, with leave to renew upon a timely showing of merit (see 22 NYCRR 1000.13 [g]).
Entered: July 19, 2011
Patricia L. Morgan, Clerk