Opinion
Motion No: CA 11-01108
12-16-2011
IN THE MATTER OF MARTIN WHITMORE, 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 a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on November 4, 2010,
Now, upon reading and filing the affidavit of Martin Whitmore sworn to November 23, 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 insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfect the appeal on or before February 14, 2012.
Patricia L. Morgan, Clerk