| THE PEOPLE EX REL., CHRISTOPHER TUCKER V J. WOLCOTT, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY |
| Motion No: KAH 25-01142 |
| Slip Opinion No: 2025 NY Slip Op 76316(U) |
| Decided on September 9, 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.
KAH 25-01142
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., CHRISTOPHER TUCKER,
PETITIONER, V J. WOLCOTT, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY, RESPONDENT. |
Petitioner having moved for a waiver of costs, fees and expenses on the appeal taken herein from an order of the Supreme Court, Wyoming County, dated August 28, 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 dismissed on the ground that the motion failed to include either proof of timely service or filing of the notice of appeal dated September 23, 2024 (see CPLR 5513 [a]; 5515 [1]; 5520 [a]; 22 NYCRR 1250.4 [a] [3]; Avgush v Jerry Fontan, Inc., 167 AD3d 484, 484 [1st Dept 2018]).
Entered: September 9, 2025
Ann Dillon Flynn
Clerk of the Court