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Cherry v. Martuscello

Appellate Division of the Supreme Court of the State of New York
Sep 12, 2016
2016 N.Y. Slip Op. 85802 (N.Y. App. Div. 2016)

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


Summaries of

Cherry v. Martuscello

Appellate Division of the Supreme Court of the State of New York
Sep 12, 2016
2016 N.Y. Slip Op. 85802 (N.Y. App. Div. 2016)
Case details for

Cherry v. Martuscello

Case Details

Full title:In the Matter of ERIC CHERRY, Petitioner, v. DANIEL F. MARTUSCELLO, as…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Sep 12, 2016

Citations

2016 N.Y. Slip Op. 85802 (N.Y. App. Div. 2016)