| IN THE MATTER OF BRYON K. RUSS, SR. V BRIAN FISCHER, COMMISSIONER OF CORRECTIONS AND HAROLD GRAHAM, SUPERINTENDENT OF |
| Motion No: CA 11-00260 |
| Slip Opinion No: 2011 NY Slip Op 90583(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 11-00260
| IN THE MATTER OF BRYON K. RUSS, SR., PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER OF CORRECTIONS AND HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY,
RESPONDENTS-RESPONDENTS. |
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 Cayuga on December 17, 2010,
Now, upon reading and filing the affidavit of Bryon K. Russ, Sr. sworn to October 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: November 18, 2011
Patricia L. Morgan, Clerk