In the Matter of the Application of Wayne H.

Motion No: M-1132

Slip Opinion No: 2017 NYSlipOp 70027(U)

Decided on April 11, 2017

Appellate Division, First 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.

April 11, 2017

In the Matter of the Application of

Wayne H.,

Petitioner,

For a Judgment Pursuant to Article 78CONFIDENTIAL

of the CPLR,Index No. 100906/16

v

New York City Department of Probation,

et al.,

Respondents.

Petitioner having moved for leave to appeal to this Court from the final order of the Supreme Court, New York County, entered December 2, 2016,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that to the extent petitioner's motion seeks leave to appeal from the final order of Supreme Court, New York County, entered December 2, 2016, it is deemed one for leave to file a late notice of appeal and, as such, is denied. The motion, to the extent it seeks leave to appeal from the judgment of the same Court, rendered on or about April 13, 2009, under Ind. No. 5251/07, it is likewise denied. ENTERED: April 11, 2017

_____________________ CLERK

Present - Hon. Peter Tom, Justice Presiding, Karla Moskowitz Paul G. Feinman Judith J. Gische Barbara R. Kapnick, Justices

M-1132

Ind. No. 5251/07