| 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: 2020 NY Slip Op 67832(U) |
| Decided on June 24, 2020 |
| 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 having moved 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 is dismissed as unnecessary insofar as it seeks permission to continue to prosecute the appeal as a poor person, and
It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal, on the condition that the appeal is perfected on or before August 24, 2020, and
It is further ORDERED that the motion is denied insofar as it seeks to compel certification of the record, without prejudice to a motion in Supreme Court to settle the record (see 22 NYCRR 1000.7 [b]; Matter of Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).
Entered: June 24, 2020
Mark W. Bennett
Clerk of the Court