| 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 67437(U) |
| Decided on March 12, 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, PERADOTTO, AND CARNI, 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. |
Petitioner having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 15, 2014, and having moved to dismiss the appeal on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Leonard Fischer sworn to January 9, 2015, the statement of Leonard Fischer received January 14, 2015, and the notices 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 permission to proceed as a poor person is granted, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal is dismissed because the appeal has been perfected.
Entered: March 12, 2015
Frances E. Cafarell, Clerk