Majority
p. 910In the Matter of Lavar Davis, Appellant, v Albert Prack, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent. Submitted June 10, 2013; decided October 15, 2013
Motion, insofar as it seeks leave to appeal from the Appellate Division judgment, dismissed as untimely (see CPLR 5513 [b]; Eaton v State of New York, 76 NY2d 824 [1990]); motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument and reconsideration, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution.