Opinion
DOCKET NO. CA 11-02248
08-22-2012
IN THE MATTER OF DEAN FAIELLO, PETITIONER-APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND DORA B. SCHRIRO, COMMISSIONER, NEW YORK CITY DEPARTMENT OF CORRECTIONS, RESPONDENTS-RESPONDENTS.
PRESENT: SCUDDER, 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 May 9, 2011,
Now, upon reading and filing the affidavit of Norman P. Effman, Esq., sworn to August 3, 2012, 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 October 22, 2012.
Frances E. Cafarell, Clerk