| IN THE MATTER OF JAMES ADAMS V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION |
| Motion No: CA 16-00709 |
| Slip Opinion No: 2016 NY Slip Op 85045(U) |
| Decided on September 6, 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 16-00709
(Index No. 2015-000092.)
| IN THE MATTER OF JAMES ADAMS, PETITIONER-APPELLANT, V NEW
YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment (denominated "Memorandum Decision and Order") of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2015,
Now, upon reading and filing the affidavit of James Adams sworn to July 10, 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 granted, on the condition that appellant perfects the appeal on or before November 7, 2016.
Entered: September 6, 2016
Frances E. Cafarell, Clerk