| IN THE MATTER OF STATE OF NEW YORK V JAMES R. CARTER |
| Motion No: CA 11-02087 |
| Slip Opinion No: 2012 NY Slip Op 69927(U) |
| Decided on April 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 11-02087
| IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT,
V JAMES R. CARTER, RESPONDENT-APPELLANT. (APPEAL NO. 1.) |
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 Livingston on March 30, 2011,
Now, upon reading and filing the affirmation of John E. Tyo, Esq., dated March 15, 2012, the notice of motion with proof of service thereof, and the affirmation of Laura Etlinger, Esq., dated March 22, 2012, 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 June 4, 2012.
Entered: April 5, 2012
Frances E. Cafarell, Clerk