| Matter of Leroy Johnson v John B. Lempke, etc. |
| Motion No: 2017-590 |
| Slip Opinion No: 2017 NY Slip Op 92356 |
| Decided on November 16, 2017 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
In the Matter of Leroy Johnson,
Appellant,
v
John B. Lempke, etc.,
Respondent.
Motion to vacate this Court's April 27, 2017 dismissal order granted.
On the Court's own motion, appeal, insofar as taken from the November 2016 Appellate Division order, dismissed, without costs, as untimely (CPLR 5513[a]); appeal, insofar as taken from the February 2017 Appellate Division order, dismissed, without costs, upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution.