| Matter of Mullins v New York State Division of Parole |
| Motion No: 2018-09744 |
| Slip Opinion No: 2019 NY Slip Op 73928(U) |
| Decided on June 27, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M263919
E/sl
MARK C. DILLON, J.P.
JEFFREY A. COHEN
BETSY BARROS
FRANCESCA E. CONNOLLY, 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, in effect, for failure to timely perfect, or, in the alternative, to vacate the automatic stay. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appeal is deemed withdrawn.
DILLON, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court