Matter of Mullins v New York State Division of Parole
Motion No: 2018-09744
Slip Opinion No: 2018 NY Slip Op 87709(U)
Decided on November 1, 2018
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257071

E/afa

LEONARD B. AUSTIN, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-09744

In the Matter of Eugene Mullins, respondent,

v New York State Division of Parole, appellant.

(Index No. 52682/17)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Dutchess County, dated June 19, 2018, on the ground that the judgment is not appealable as of right and leave to appeal has not been granted, or, in the alternative, to vacate the automatic stay and for an expedited briefing schedule, and to impose a sanction upon the appellant.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

AUSTIN, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court