Opinion
DOCKET NO. CA 12-01230
03-10-2014
IN THE MATTER OF ANTHONY D. AMAKER, PETITIONER-APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the dismissal of the appeal (denominated a motion for an extension of time to perfect the appeal) taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 27, 2012,
Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to January 23, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's motion is untimely.
Frances E. Cafarell, Clerk