| IN THE MATTER OF FRANK GARCIA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 21-00749 |
| Slip Opinion No: 2021 NY Slip Op 68672(U) |
| Decided on July 1, 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 21-00749
Index No: 21,459-14
| IN THE MATTER OF FRANK GARCIA,
PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person, for assignment of counsel, for an extension of time to perfect, and for other relief on the appeal taken herein from an order of the Supreme Court, Wyoming County, entered August 19, 2020,
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, with leave to renew upon the filing and service of a new motion that also includes a timely motion to vacate dismissal of the appeal.
Entered: July 1, 2021
Mark W. Bennett
Clerk of the Court