| THE PEOPLE EX REL., FRANKLIN LEONARD V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 12-01984 |
| Slip Opinion No: 2012 NY Slip Op 92581(U) |
| Decided on December 4, 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.
KAH 12-01984
Index No: 21,187-12
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., FRANKLIN
LEONARD, PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Petitioner having moved for permission to appeal from an order of the Supreme Court, Wyoming County dated May 16, 2012 and entered May 17, 2012,
Now, upon reading and filing the affidavit of Franklin Leonard sworn to October 15, 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.
Memorandum: The order of Supreme Court, Wyoming County is appealable as of right (see CPLR 7011) if petitioner has timely filed and served a notice of appeal. Absent proof that either party served a copy of the order sought to be appealed with written notice of entry, there is no basis upon which to conclude that the time frame for filing a notice of appeal has commenced (see CPLR 5513 [a]).
Entered: December 4, 2012
Frances E. Cafarell, Clerk