| IN THE MATTER OF DARRYL PHELPS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 13-00222 |
| Slip Opinion No: 2013 NY Slip Op 79994(U) |
| Decided on July 17, 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. |
PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. CA 13-00222
| IN THE MATTER OF DARRYL PHELPS, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-RESPONDENT. |
Appellant having moved to settle the record on the appeal taken herein from a judgment of Supreme Court entered in the Office of the Clerk of the County of Wyoming on December 3, 2012,
Now, upon reading and filing the statement of Darryl Anthony Phelps dated June 29, 2013, 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 denied without prejudice to making a motion for the same relief in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966).
Entered: July 17, 2013
Frances E. Cafarell, Clerk