IN THE MATTER OF GERALD BROCKINGTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

IN THE MATTER OF GERALD BROCKINGTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

Motion No: CA 13-00403

Slip Opinion No: 2014 NY Slip Op 60004(U)

Decided on January 2, 2014

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.

January 2, 2014

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

DOCKET NO. CA 13-00403

IN THE MATTER OF GERALD BROCKINGTON, PETITIONER-APPELLANT,
V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-RESPONDENT.

Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on January 23, 2013,

Now, upon reading and filing the affidavit of Adam W. Koch, Esq., sworn to December 9, 2013, the notice of motion with proof of service thereof, and the affirmation of Zainab A. Chaudhry, Esq., received December 20, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before March 3, 2014.

Entered: January 2, 2014

Frances E. Cafarell, Clerk