| IN THE MATTER OF JOVAN FLUDD V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, |
| Motion No: CA 13-01127 |
| Slip Opinion No: 2014 NY Slip Op 63255(U) |
| Decided on February 4, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01127
| IN THE MATTER OF JOVAN FLUDD, PETITIONER-APPELLANT,
V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL.,
RESPONDENTS-RESPONDENTS. |
Appellant having moved to compel the Clerk of the County of Erie to provide appellant with all papers filed with said Clerk relevant and necessary to the appeal taken herein from an order of the Supreme Court entered in the office of said Clerk on February 13, 2013,
Now, upon reading and filing the affidavit of Jovan Fludd sworn to November 14, 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 does not allege that he ever provided the Clerk of the County of Erie with a copy of this Court's order entered July 23, 2013, directing said Clerk to provide appellant with transcripts of the proceedings had and filed in said Clerk's Office and any other documents on file in the Clerk's Office that are necessary and relevant to the appeal. There is therefore no indication that there has been noncompliance with this Court's order entered July 23, 2013.
Entered: February 4, 2014
Frances E. Cafarell, Clerk