Opinion
DOCKET NO. CA 13-01944
01-28-2014
IN THE MATTER OF WILLIAM MURRAY, PETITIONER-APPELLANT, v. SHERYL ZENZEN, THOMAS TANEA AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 29, 2013, on the ground that an appeal does not lie from an order denying reargument,
Now, upon reading and filing the affirmation of Julie M. Sheridan, Esq., dated January 7, 2014, 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, and the appeal is dismissed without costs (see Schenectady Chems. v Imitec, Inc., 169 AD2d 1016).
Frances E. Cafarell, Clerk