| IN THE MATTER OF BRYAN MEDINA V ANTHONY J. ANNUCCI, ACTING COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS |
| Motion No: CA 15-01813 |
| Slip Opinion No: 2015 NY Slip Op 91004(U) |
| Decided on November 18, 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 15-01813
| IN THE MATTER OF BRYAN MEDINA, PETITIONER-RESPONDENT, V
ANTHONY J. ANNUCCI, ACTING COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-APPELLANT. |
Petitioner having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 7, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of David Bentivegna, Esq., dated October 26, 2015, and November 13, 2015, the notice of motion with proof of service thereof, and the affirmations of Martin A. Hotvet, Esq., dated October 23, 2015, and November 6, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 19, 2016.
Entered: November 18, 2015
Frances E. Cafarell, Clerk