| IN THE MATTER OF MICHEL TOLIVER V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ACTING |
| Motion No: CA 15-00694 |
| Slip Opinion No: 2016 NY Slip Op 64729(U) |
| Decided on February 17, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00694
| IN THE MATTER OF MICHEL 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 to vacate dismissal of the appeal (denominated an extension of time to perfect the appeal) taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on December 9, 2013,
Now, upon reading and filing the affidavit of Michel Toliver sworn to January 19, 2016, 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 denied as untimely pursuant to 22 NYCRR 1000.13 (g).
Entered: February 17, 2016
Frances E. Cafarell, Clerk