In the Matter of Delfin Aviles Petitioner v Brian Fischer as Commissioner of Correctional Services



In the Matter of Delfin Aviles Petitioner v Brian Fischer as Commissioner of Correctional Services
Motion No: 514870
Slip Opinion No: 2012 NY Slip Op 85026(U)
Decided on September 17, 2012
Appellate Division, Third 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.




Decided and Entered: September 17, 2012
514870


In the Matter of DELFIN AVILES, Petitioner,

v
BRIAN FISCHER, as Commissioner of Correctional Services,
Respondent. (Index No. 890-12)


DECISION AND ORDER
ON MOTION



Application to withdraw and discontinue appeal.

Upon the papers filed in support of the application, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, without costs.
PETERS, P.J., LAHTINEN, STEIN, McCARTHY and EGAN JR., JJ., concur.
ENTER:


Robert D. Mayberger
Clerk of the Court