| THE PEOPLE EX REL., RICHARD MILLS V ANTHONY ANNUCCI, SUPERINTENDENT, COLVIN, NEW YORK STATE ATTORNEY GENERAL, RICHARD |
| Motion No: KAH 16-00856 |
| Slip Opinion No: 2017 NY Slip Op 83871(U) |
| Decided on August 23, 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: CENTRA, J.P., NEMOYER, TROUTMAN, WINSLOW, AND SCUDDER, JJ.
KAH 16-00856
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., RICHARD MILLS,
PETITIONER-APPELLANT, V ANTHONY ANNUCCI, SUPERINTENDENT, COLVIN, NEW YORK STATE ATTORNEY GENERAL, RICHARD DESIMONE, DBA NYS
DOCCS, RESPONDENTS-RESPONDENTS. Index No: 50009 |
Appellant having moved to dismiss the appeal taken from an order of the Supreme Court, Seneca County, dated March 31, 2016, on the grounds of estoppel and res judicata, and for other relief,
Now, upon reading and filing the affidavit of Richard Mills sworn to July 14, 2017, 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.
Memorandum: Appellant is not entitled to the requested relief on the grounds raised in his motion papers.
Entered: August 23, 2017
Frances E. Cafarell, Clerk