IN THE MATTER OF TAUREAN HAYWOOD V SUSAN A. CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL FACILITY, BRIAN FISCHER
Motion No: CA 11-02155
Slip Opinion No: 2013 NY Slip Op 94741(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 11-02155

IN THE MATTER OF TAUREAN HAYWOOD, PETITIONER-APPELLANT,

V

SUSAN A. CONNELL, SUPERINTENDENT, ONEIDA CORRECTIONAL

FACILITY, BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONAL SERVICES,

RESPONDENTS-RESPONDENTS.


Appellant having moved to vacate dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 3, 2011, (denominated a motion for an extension of time to perfect the appeal),

Now, upon reading and filing the affidavit of Taurean Haywood sworn to November 13, 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.

Entered: December 19, 2013

Frances E. Cafarell, Clerk