| IN THE MATTER OF CHARLIE MIXON V GREGORY G. WICKETT, CHIEF OF POLICE, DEPARTMENT OF POLICE, TOWN OF HAMBURG |
| Motion No: CA 18-02033 |
| Slip Opinion No: 2019 NY Slip Op 79743(U) |
| Decided on September 9, 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.
CA 18-02033
| IN THE MATTER OF CHARLIE MIXON,
PETITIONER-APPELLANT, V GREGORY G. WICKETT, CHIEF OF POLICE, DEPARTMENT OF POLICE, TOWN OF HAMBURG,
RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered September 19, 2018, and for other relief,
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 insofar as it seeks to vacate dismissal of the appeal is granted on the condition that the appellant file a stipulated, settled, or certified record by the County Clerk on or before November 8, 2019, and
It is hereby ORDERED that the motion insofar as it seeks poor person relief and to proceed on the original record is dismissed as unnecessary, and
It is further ORDERED that the motion is otherwise denied.
Entered: September 9, 2019
Mark W. Bennett
Clerk of the Court