IN THE MATTER OF WILLIAM MURRAY V SHERYL ZENZEN, THOMAS TANEA AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 13-01944
Slip Opinion No: 2014 NY Slip Op 62644(U)
Decided on January 28, 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 28, 2014

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

DOCKET NO. CA 13-01944

IN THE MATTER OF WILLIAM MURRAY, PETITIONER-APPELLANT,

V

SHERYL ZENZEN, THOMAS TANEA AND NEW YORK STATE DEPARTMENT

OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS-RESPONDENTS.


Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 29, 2013, on the ground that an appeal does not lie from an order denying reargument,

Now, upon reading and filing the affirmation of Julie M. Sheridan, Esq., dated January 7, 2014, 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 granted, and the appeal is dismissed without costs (see Schenectady Chems. v Imitec, Inc., 169 AD2d 1016).

Entered: January 28, 2014

Frances E. Cafarell, Clerk