| CARLOS ABREU V H. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, |
| Motion No: CA 16-00420 |
| Slip Opinion No: 2017 NY Slip Op 62551(U) |
| Decided on January 30, 2017 |
| 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 16-00420
| CARLOS ABREU, PLAINTIFF-APPELLANT, V H. GRAHAM,
SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on October 2, 2015,
Now, upon reading and filing the affidavit of Carlos Abreu sworn to January 5, 2017, the notice of motion with proof of service thereof, and the affirmation of Martin A. Hotvet, Esq., dated January 25, 2017, 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 March 31, 2017.
Entered: January 30, 2017
Frances E. Cafarell, Clerk