Opinion
Motion No: KAH 11-02052 KAH 11-02053 Index No: CA2010-002002
10-25-2011
THE PEOPLE OF THE STATE OF NEW YORK EX REL., WALTER ROACHE, PETITIONER-RESPONDENT, v. DONALD SAWYER, EXECUTIVE DIRECTOR CENTRAL NEW YORK PSYCHIATRIC CENTER, RESPONDENT-RESPONDENT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from the order of Supreme Court, Oneida County dated November 29, 2010 on the ground that petitioner failed to timely take an appeal from said order, and the appeal from the order of Supreme Court, Oneida County dated February 28, 2011 on the ground that the order is not appealable,
Now, upon reading and filing the affirmation of Kathleen M. Treasure, Esq. dated October 6, 2011, 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 to the extent that the appeal taken from the order dated February 28, 2011 is dismissed (see Verizon New York., Inc. v LaBarge Bros. Co., Inc., 81 ADd3d 1294), and
It is further ORDERED that the motion is otherwise dismissed as unneccessary.
Memorandum: The notice of appeal for the order dated November 29, 2010 was neither filed nor served within thirty days after service by the Attorney General upon the appellant of a copy of the order appealed from and written notice of its entry. Therefore, the notice of appeal is deemed null and void (see CPLR 5513 [a]).
Patricia L. Morgan, Clerk