Opinion
Motion No: 520454
04-16-2015
In the Matter of JOHN DUFFY, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Appellant.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal and for waiver of Court fee.
Cross motion for permission to appeal.
Upon the papers filed in support of the motion and the cross motion it is
ORDERED that the motion to dismiss the appeal the cross motion for permission to appeal are denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further
ORDERED that the motion to waive the Court fee is denied, without costs, as unnecessary.
Peters, P.J., McCarthy, Garry and Egan Jr., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court