IN THE MATTER OF ANTHONY D. AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

IN THE MATTER OF ANTHONY D. AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND

Motion No: CA 12-01230

Slip Opinion No: 2014 NY Slip Op 66293(U)

Decided on March 10, 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.

March 10, 2014

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

DOCKET NO. CA 12-01230

IN THE MATTER OF ANTHONY D. AMAKER, 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 (denominated a motion for an extension of time to perfect the appeal) taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 27, 2012,

Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to January 23, 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 denied.

Memorandum: Appellant's motion is untimely.

Entered: March 10, 2014

Frances E. Cafarell, Clerk