| IN THE MATTER OF TODD BRIGLIN V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION |
| Motion No: CA 20-01676 |
| Slip Opinion No: 2021 NY Slip Op 60964(U) |
| Decided on January 28, 2021 |
| 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 20-01676
Index No: 2019-1630CV
| IN THE MATTER OF TODD
BRIGLIN, PETITIONER-RESPONDENT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT-APPELLANT. |
Petitioner having moved for permission to proceed as a poor person, for assignment of counsel, for dismissal of appellant's appeal taken herein from a judgment (denominated decision and order) of the Supreme Court, Steuben County, entered May 27, 2020, as untimely, for vacatur of the automatic stay of Supreme Court's judgment that was imposed pursuant to CPLR 5519 (a) (1), and for other relief, and appellant having cross-moved for an order withdrawing the appeal,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that petitioner's motion is denied insofar as it seeks to dismiss the appeal as untimely, and
It is further ORDERED that appellant's motion is granted insofar as it seeks to withdraw the appeal, and the appeal is hereby dismissed without costs, and
It is further ORDERED that petitioner's motion is otherwise dismissed.
Entered: January 28, 2021
Mark W. Bennett
Clerk of the Court