MOTION NO: 1216/12 THE PEOPLE EX REL. JAMAR GILMORE V HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 11-02050
Slip Opinion No: 2013 NY Slip Op 75179(U)
Decided on February 1, 2013
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.


February 1, 2013

PRESENT: CENTRA, J.P., PERADOTTO, SCONIERS, VALENTINO, AND MARTOCHE, JJ.

KAH 11-02050
Index No. 2010-1256

MOTION NO: 1216/12

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

JAMAR GILMORE, PETITIONER-APPELLANT,

V

HAROLD D. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for leave to appeal to the Court of Appeals from an order of this Court entered November 9, 2012,

Now, upon reading and filing the affidavit of Timothy J. Brennan, Esq. sworn to December 11, 2012, the notice of motion with proof of service thereof, the affirmation of Frank Brady, Esq. dated December 20, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 1, 2013

Frances E. Cafarell, Clerk