| IN THE MATTER OF ANTHONY D. AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 11-02300 |
| Slip Opinion No: 2013 NY Slip Op 93983(U) |
| Decided on December 10, 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 11-02300
| IN THE MATTER OF ANTHONY D. AMAKER,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND
CAPTAIN M. KEARNEY, HEARING OFFICER, WENDE CORRECTIONAL FACILITY,
RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal (denominated a motion for an extension of time) taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 7, 2011,
Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to September 19, 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.
Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).
Entered: December 10, 2013
Frances E. Cafarell, Clerk