Opinion
Motion No: 522866
09-12-2016
In the Matter of ERIC CHERRY, Petitioner, v. DANIEL F. MARTUSCELLO, as Superintendent of Coxsackie Correctional Facility, Respondent.
DECISION AND ORDER ON MOTION
Motion to vacate order and remand to Supreme Court.
Motion to compel production of documents and for extension of time to perfect proceeding.
Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is
ORDERED that the motion to vacate the order and remand to Supreme Court is granted, without costs, and the time to file and serve an answer to the petition shall be established by Supreme Court, and it is further
ORDERED that the motion to compel production of documents and for an extension of time to perfect the proceeding is denied, without costs, as academic.
Peters, P.J., Garry, Clark and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court