THE PEOPLE EX REL., HENRY T. SCOTT V HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY
Motion No: KAH 11-01017
Slip Opinion No: 2012 NY Slip Op 74166(U)
Decided on May 21, 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.


May 21, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KAH 11-01017
Index No: 2011-0990

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

HENRY T. SCOTT, PETITIONER-APPELLANT,

V

HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken from an order of the Supreme Court, Onondaga County dated February 14, 2011,

Now, upon reading and filing the affidavit of Henry Scott sworn to April 30, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Entered: May 21, 2012

Frances E. Cafarell, Clerk