| IN THE MATTER OF LEONARD FISCHER V MICHAEL GRAZIANO, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND TINA M. |
| Motion No: CA 15-00051 |
| Slip Opinion No: 2015 NY Slip Op 63104(U) |
| Decided on January 29, 2015 |
| 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 15-00051
| IN THE MATTER OF LEONARD FISCHER, PETITIONER-RESPONDENT, V
MICHAEL GRAZIANO, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, AND TINA M. STANFORD, CHAIRWOMAN, NEW YORK STATE BOARD OF
PAROLE, RESPONDENTS-APPELLANTS. |
Appellants having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on September 15, 2014, so that it is heard during the term of this Court commencing May 18, 2015,
Now, upon reading and filing the affirmation of Marcus J. Mastracco, Esq., dated January 8, 2015, 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 dismissed as unnecessary because the appeal is currently scheduled to be heard during the term of this Court commencing May 18, 2015.
Entered: January 29, 2015
Frances E. Cafarell, Clerk