| IN THE MATTER OF THE APPLICATION OF CHARLES MIXON V HAMBURG FOIL OFFICER, CLERK'S OFFICE RICHARD G. BOEHM, DEPUTY TOWN |
| Motion No: CA 24-01510 |
| Slip Opinion No: 2025 NY Slip Op 74456(U) |
| Decided on August 11, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01510
| IN THE MATTER OF THE APPLICATION OF CHARLES
MIXON, PETITIONER, V HAMBURG FOIL OFFICER, CLERK'S OFFICE RICHARD G. BOEHM, DEPUTY TOWN ATTORNEY,
RESPONDENTS. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered June 25, 2024, and for other relief,
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 granted insofar as it seeks to vacate dismissal of the appeal on the condition that the appeal is perfected on or before October 10, 2025, and
It is further ORDERED that the motion insofar as it seeks to settle the record is denied, and
It is further ORDERED that the motion seeking poor person relief is dismissed as unnecessary inasmuch as this relief was previously granted by motion order of this Court entered September 30, 2024, and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Memorandum: A motion to settle the record is properly brought to Supreme Court, Erie County (see 22 NYCRR 1250.7 [g]; 1000.7 [b]; Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]).
Entered: August 11, 2025
Ann Dillon Flynn
Clerk of the Court