| IN THE MATTER OF EMMANUEL PATTERSON V MALCOLM CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, |
| Motion No: CA 12-00920 |
| Slip Opinion No: 2012 NY Slip Op 80531(U) |
| Decided on August 2, 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 12-00920
| IN THE MATTER OF EMMANUEL PATTERSON, PETITIONER-RESPONDENT,
V MALCOLM CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, ET AL.,
RESPONDENTS-APPELLANTS. |
Petitioner-respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 5, 2012, on the ground that respondents-appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Emmanuel Patterson sworn to July 8, 2012, and July 19, 2012, the notice of motion with proof of service thereof, and the affirmation of Victor Paladino, Esq., dated July 12, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 1, 2012.
Entered: August 2, 2012
Frances E. Cafarell, Clerk