| 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 90574(U) |
| Decided on November 18, 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 Donte S. Mitchell sworn to October 4, 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 January 17, 2012.
Entered: November 18, 2011
Patricia L. Morgan, Clerk