IN THE MATTER OF MANUEL MOSLEY V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER
Motion No: CA 13-00007
Slip Opinion No: 2013 NY Slip Op 80603(U)
Decided on July 18, 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.


July 18, 2013

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.

DOCKET NO. CA 13-00007
Index No: I-2012-1715

IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS-RESPONDENTS.


Appellant having moved to reconstruct the record on the appeal taken herein from a judgment (denominated order) of Supreme Court, Erie County, dated November 7, 2012, and having moved for summary relief dismissing the appeal in appellant's favor,

Now, upon reading and filing the statement of Manuel Mosley dated June 23, 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.

Entered: July 18, 2013

Frances E. Cafarell, Clerk