—Motion to dismiss appeal denied as unnecessary. Memorandum: The deadline for filing appellant’s brief has passed. Therefore, the appeal is automatically dismissed. Present — Pine, J. P., Balio, Lawton, Davis and Boehm, JJ.
The People of the State of New York ex rel. Kevin Hatzman, Respondent, v. Harold Smith, as Superintendent of Attica Correctional Facility, Appellant
202 A.D.2d 1058614 N.Y.S.2d 96
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