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MATTER OF ANDERSON v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

Motion No. 525066.

2017 NY Slip Op 79894(U)

IN THE MATTER OF JAMES E. ANDERSON, Respondent, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION ET AL., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 7, 2017.

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,...

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