IN THE MATTER OF RONNIE COVINGTON V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL AND
Motion No: CA 13-01108
Slip Opinion No: 2014 NY Slip Op 89431(U)
Decided on November 7, 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.


November 7, 2014

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

DOCKET NO. CA 13-01108
DOCKET NO. CA 13-01109

IN THE MATTER OF RONNIE COVINGTON, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL AND COMMUNITY SERVICES, RESPONDENT-RESPONDENT.

IN THE MATTER OF RONNIE COVINGTON, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL AND COMMUNITY SERVICES, RESPONDENT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Seneca on December 13, 2012 (docket No. CA 13-01108), and December 13, 2012 (docket No. CA 13-01109), and to consolidate the appeals, and having moved for other relief,

Now, upon reading and filing the affidavit of Ronnie Covington sworn to September 18, 2014, the statement of Ronnie Covington dated October 2, 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 insofar as it seeks to vacate dismissal of the appeals is granted, on the condition that appellant perfects the appeals on or before January 6, 2015, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that the motion is otherwise dismissed as unnecessary.

Entered: November 7, 2014

Frances E. Cafarell, Clerk