Opinion
Motion No: CA 11-00383
11-18-2011
IN THE MATTER OF DONTIE S. MITCHELL, PETITIONER-APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 6, 2010,
Now, upon reading and filing the affidavit of Donte S. Mitchell sworn to October 4, 2011, 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 granted, on the condition that appellant perfects the appeal on or before January 17, 2012.
Patricia L. Morgan, Clerk