In the Matter of the Application of Seth Mitchell

Motion No: M-2507

Slip Opinion No: 2019 NYSlipOp 74585(U)

Decided on July 9, 2019

Appellate Division, First 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.

July 9, 2019

In the Matter of the Application of

Seth Mitchell,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules,

v

State of New York and New York State

Office of Victim Services,

Respondents-Respondents.

An appeal having been taken from the judgment of the Supreme Court, New York County, entered on or about January 8, 2019, and petitioner-appellant having moved, pro se, for entry of a default judgment against respondents on the basis of a purported violation of 22 NYCRR 1245.2(d) by respondents, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied without prejudice to petitioner raising the substantive arguments herein in his appellate brief on appeal. ENTERED: July 9, 2019

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices

M-2507

Index No. 101022/18