IN THE MATTER OF FRANCIS AULETA V JAMES HESSEL, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, BRIAN FISCHER
Motion No: CA 13-01335
Slip Opinion No: 2013 NY Slip Op 94737(U)
Decided on December 19, 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.


December 19, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-01335

IN THE MATTER OF FRANCIS AULETA, PETITIONER-APPELLANT,

V

JAMES HESSEL, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY, BRIAN FISCHER, COMMISSIONER NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, REV.

JOEL TERRAGNOLI, CHAPLAIN, AND KIM PRESTON, INMATE RECORDS

COORDINATOR, COLLINS CORRECTIONAL FACILITY,

RESPONDENTS-RESPONDENTS.


Appellant having moved to withdraw the appeal taken herein from an order of the

Supreme Court, County of Erie, entered on May 22, 2013,

Now, upon reading and filing the statement of Francis Auleta dated November 8, 2013, 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It is hereby ORDERED that the motion is granted and the appeal is marked as withdrawn.

Entered: December 19, 2013

Frances E. Cafarell, Clerk