| IN THE MATTER OF FRANK RUSSELL V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 12-01642 |
| Slip Opinion No: 2013 NY Slip Op 80633(U) |
| Decided on July 23, 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01642
| IN THE MATTER OF FRANK RUSSELL,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 20, 2012,
Now, upon reading and filing the affidavit of Frank Russell sworn to June 4, 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 granted, on the condition that appellant perfects the appeal on or before September 23, 2013.
Entered: July 23, 2013
Frances E. Cafarell, Clerk