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MATTER OF JOHNSON v. LEMPKE

Motion No. 2017-590.

30 N.Y.3d 1002 (2017)

2017 NY Slip Op 92356

In the Matter of LEROY JOHNSON, Appellant, v. JOHN B. LEMPKE, Superintendent, Wende Correctional Facility, Respondent.

Court of Appeals of New York.

Decided November 16, 2017.

Motion to vacate this Court's April 27, 2017 dismissal order granted [see 29 Ny3d 995 (2017)]. On the Court's own motion, appeal, insofar as taken from the November 2016 Appellate Division order, dismissed, without costs, as untimely (CPLR 5513 [a]); appeal, insofar as taken from the February 2017 Appellate Division order, dismissed, without costs, upon the ground that such order does not finally determine the proceeding within the meaning of the...

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