| 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: 2026 NY Slip Op 61290(U) |
| Decided on January 21, 2026 |
| 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. |
Petitioner having moved for an order waiving the requirement of a certified record pursuant to 22 NYCRR 1250.7 (g); 1000.7 (b), on 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 insofar as it seeks to waive the requirement of a certified record on appeal is denied without prejudice to a motion in Supreme Court to settle the record on appeal (see Matter of Stewart v Soda, 239 AD2d 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g]; 1000.7 [b]), and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Entered: January 21, 2026
Ann Dillon Flynn
Clerk of the Court