In the Matter of Thomas W. Ryhal v Anthony J. Annucci as Acting Commissioner of Corrections and Community Supervision et

Motion No: 532813

Slip Opinion No: 2021 NY Slip Op 72878(U)

Decided on October 7, 2021

Appellate Division, Third 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.

Decided and Entered: October 7, 2021532813

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In the Matter of THOMAS W. RYHAL,           
                                                       Respondent,
           v                      DECISION AND ORDER
                      ON MOTION
ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al.,
                                                       Appellants.
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Motion for permission to appeal, for permission to proceed as a poor person on appeal, for extension of time to perfect appeal, for consolidation of appeals and for further relief.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for permission to appeal is referred to Justice Clark, who makes the following decision: Motion denied, without costs, as unnecessary. The order sought to be appealed from was appealable as of right (see CPLR 5701 [a] [2]). It is further

ORDERED that the motion for permission to proceed as a poor person on appeal is denied, without costs, and without prejudice to renewal upon submission of proof of the timely service and filing of a notice of appeal, and it is further

ORDERED that the motion for consolidation of the appeals is denied, without costs, and without prejudice to renewal upon submission of proof of the timely service and filing of a notice of appeal, and it is further

ORDERED that the motion for an extension of time to perfect the appeal and for further relief is granted, without costs, only to the extent that the dismissal of the appeal taken by the notice of appeal dated January 20, 2021 is vacated (see 22 NYCRR 1250.10 [c]), and the time to perfect the appeal is extended to December 6, 2021.

Clark, J.P., Aarons, Pritzker and Reynolds Fitzgerald, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court