| IN THE MATTER OF VICTOR K. THOMAS V TINA M. STANFORD, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, AND THOMAS KUBINIEC |
| Motion No: CA 18-00726 |
| Slip Opinion No: 2019 NY Slip Op 65985(U) |
| Decided on March 18, 2019 |
| 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 18-00726
| IN THE MATTER OF VICTOR K. THOMAS, PETITIONER-APPELLANT, V TINA
M. STANFORD, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, AND THOMAS KUBINIEC, ADMINISTRATIVE LAW JUDGE,
RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal (denominated a motion for an extension of time to perfect the appeal) taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 9, 2018, and having moved, pursuant to CPLR 5520 for an order deeming the notice of appeal to have been timely filed and served,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks an order deeming the notice of appeal dated February 16, 2018, to have been timely filed and served pursuant to CPLR 5520, and
It is further ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before May 14, 2019.
Entered: March 18, 2019
Mark W. Bennett, Clerk