| PEOPLE EX REL. VARREL MITCHELL V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY |
| Motion No: KAH 07-00986 |
| Slip Opinion No: 2007 NYSlipOp 80410(U) |
| Decided on October 9, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KAH 07-00986
Index No: 941-2006
| PEOPLE OF THE STATE OF NEW YORK EX REL., VARREL MITCHELL, PETITIONER-APPELLANT, V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court entered in the Office of the Clerk of the County of Livingston on November 22, 2006,
Now, upon reading and filing the affirmation of Christopher J. Laragy, dated September 21, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted on the condition that appellant perfect the appeal on or before December 10, 2007, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 9, 2007
JoAnn M. Wahl, Clerk