Anderson v. N.Y. State Dep't of Corrs. & Cmty. Supervision

Full title: In the Matter of JAMES E. ANDERSON, Respondent, v. NEW YORK STATE…

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

Date published: Jul 7, 2017

2017 N.Y. Slip Op. 79894 (N.Y. App. Div. 2017)

Opinion

Motion No: 525066

07-07-2017

In the Matter of JAMES E. ANDERSON, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Appellants.

Garry, J.P., Rose, Aarons and Pritzker, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal as untimely or, in the alternative, to vacate stay.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied, without costs, and the notice of appeal is deemed to have been timely filed (see CPLR 5520 [a]), and it is further

ORDERED that the motion to vacate the stay is denied, without costs.

Garry, J.P., Rose, Aarons and Pritzker, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court