| IN THE MATTER OF MICHAEL TOLIVER V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING |
| Motion No: CA 15-00694 |
| Slip Opinion No: 2015 NY Slip Op 72982(U) |
| Decided on May 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 15-00694
| IN THE MATTER OF MICHAEL TOLIVER, PETITIONER-APPELLANT, V NEW
YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING COMMISSIONER, ANTHONY ANNUCCI, AND NEW YORK STATE
DEPARTMENT OF CORRECTIONS SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY, MICHAEL SHEAHAN,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person on an appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on December 9, 2013, and for other relief,
Now, upon reading and filing the affidavit of Michael Toliver sworn to March 18, 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.
Memorandum: The documentation submitted by appellant demonstrates that the appeal was deemed abandoned and dismissed when it was not perfected on or before October 31, 2014 (see 22 NYCRR 1000.12 [b]). A motion to vacate dismissal may be made pursuant to 22 NYCRR 1000.13 (g).
Entered: May 12, 2015
Frances E. Cafarell, Clerk