| 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: 2012 NY Slip Op 60922(U) |
| Decided on January 5, 2012 |
| 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 Russ, Sr. sworn to November 28, 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 March 5, 2012.
Entered: January 5, 2012
Frances E. Cafarell, Clerk