| 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 82915(U) |
| Decided on August 16, 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, PERADOTTO, WHALEN, AND MARTOCHE, 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 for a subpoena duces tecum 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 Phelps dated July 22, 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 with leave to renew upon making a new motion that includes an affidavit setting forth that the exhibits are in the control of a respondent or a third party, which party has control of the exhibits, and that the party in control of the exhibits has failed to respond to a five-day written demand for the exhibits.
Entered: August 16, 2013
Frances E. Cafarell, Clerk