| CARLOS ABREU V H. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, |
| Motion No: CA 16-00420 |
| Slip Opinion No: 2018 NY Slip Op 66449(U) |
| Decided on March 5, 2018 |
| 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 affidavits of Carlos Abreu sworn to January 19, 2018, and February 2, 2018, and 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 as untimely pursuant to 22 NYCRR 1000.13 (g).
Entered: March 5, 2018
Mark W. Bennett, Clerk