| Matter of Kennedy v New York State Division of Parole |
| Motion No: 2013-03170 |
| Slip Opinion No: 2013 NY Slip Op 85538(U) |
| Decided on September 17, 2013 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M162310
J/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-03170 In the Matter of William S. Kennedy, appellant, v New York State Division of Parole, respondent. (Index No. 9588/12)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order on application of this Court dated August 15, 2013, in the above-entitled case is recalled and vacated, and the following order on application is substituted therefor:
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Orange County, dated January 9, 2013.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is denied as academic since the appellant timely perfected the appeal on July 30, 2013.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court