| IN THE MATTER OF LEROY JOHNSON V STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, |
| Motion No: CA 19-01104 |
| Slip Opinion No: 2021 NY Slip Op 61320(U) |
| Decided on February 3, 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 19-01104
| IN THE MATTER OF LEROY JOHNSON,
PETITIONER-APPELLANT, V STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL.,
RESPONDENTS-RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered March 8, 2019,
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 denied as untimely (see 22 NYCRR 1250.10 [c]).
Entered: February 3, 2021
Mark W. Bennett
Clerk of the Court