| IN THE MATTER OF TYRONE DAVIS V STATE OF NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, NEW YORK STATE DIVISION OF |
| Motion No: NOS. CA 11-02111, CA 11-02112, AND CA 11-02113 |
| Slip Opinion No: 2012 NY Slip Op 79888(U) |
| Decided on July 20, 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 NOS. CA 11-02111, CA 11-02112, AND CA 11-02113
| IN THE MATTER OF TYRONE DAVIS, PETITIONER-APPELLANT, V STATE OF
NEW YORK, NEW YORK STATE OFFICE OF MENTAL HEALTH, NEW YORK STATE DIVISION OF PAROLE,
RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 12, 2011 (appeal No. 1), and September 13, 2011 (appeal No. 2), and having moved for an extension of time to perfect the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on October 13, 2011 (appeal No. 3),
Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to July 3, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal Nos. 1 and 2 is granted, on the condition that appellant perfect the appeals on or before September 18, 2012, and
It is further ORDERED that the motion insofar as it seeks to an extension of time to perfect appeal No. 3 is granted and appellant shall perfect the appeal on or before September 18, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 20, 2012
Frances E. Cafarell, Clerk