In the Matter of Daniel Miller v Anthony J. Annucci as Acting Commissioner of Corrections and Community Supervision et

Motion No: 529831

Slip Opinion No: 2021 NY Slip Op 74115(U)

Decided on October 29, 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 29, 2021529831

___________________________________

In the Matter of DANIEL MILLER,                                                       Appellant,                                                       
           v                      DECISION AND ORDER
                      ON MOTION
ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al.,
                                                       Respondents.
___________________________________

Motion for permission to proceed as a poor person.

Cross motion to dismiss appeal as untimely taken.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the cross motion and the additional papers remitted to this Court by the Court of Appeals, it is

ORDERED that the motion is granted, without costs, to the extent that the filing fees required by CPLR 8022 are waived, and it is further

ORDERED that the cross motion is denied, without costs, and without prejudice to the issues involved being raised on the argument of the appeal. It is further

ORDERED that the appeal shall be perfected on or before December 27, 2021.
Garry, P.J., Egan Jr., Pritzker and Colangelo, JJ., concur.

ENTER:

Robert D. Mayberger
Clerk of the Court