In the Matter of the Application of Laurie Kellogg

Motion No: M-3996

Slip Opinion No: 2017 NYSlipOp 82719(U)

Decided on August 15, 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.

August 15, 2017

In the Matter of the Application of

Laurie Kellogg,

Petitioner-Respondent,

For a Judgment Pursuant to Article 78of the CPLR, v

State of New York Board of Parole,

Respondent-Appellant.

Petitioner-respondent having moved for dismissal of the appeal taken from the order of the Supreme Court, New York County, entered on or about March 23, 2017 (M-3658), And respondent-appellant having cross-moved to accept the record herein as timely filed (M-3996), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is granted unless the appeal is perfected for the November 2017 Term (M-3658). The cross motion is granted to the extent of deeming the record on appeal as timely filed. ENTERED: August 15, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3996

M-3658

Index No. 160366/16