| IN THE MATTER OF DEAN FAIELLO V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND |
| Motion No: CA 11-02248 |
| Slip Opinion No: 2012 NY Slip Op 82305(U) |
| Decided on August 22, 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 11-02248
| IN THE MATTER OF DEAN FAIELLO, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND DORA B. SCHRIRO,
COMMISSIONER, NEW YORK CITY DEPARTMENT OF CORRECTIONS, RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on May 9, 2011,
Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to August 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 is granted, on the condition that appellant perfects the appeal on or before October 22, 2012.
Entered: August 22, 2012
Frances E. Cafarell, Clerk