PEOPLE EX REL. RICHARD F. MILLS V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY Index No: 39407
Motion No: KAH 07-01250
Slip Opinion No: 2008 NYSlipOp 61794(U)
Decided on January 22, 2008
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.


January 22, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KAH 07-01250

PEOPLE OF THE STATE OF NEW YORK EX REL.

RICHARD F. MILLS, PETITIONER-APPELLANT,

V

THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.

Index No: 39407


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court entered in the Office of the Clerk of the County of Seneca on May 15, 2007,

Now, upon reading and filing the affirmation of Charles J. Greenberg, dated January 2, 2008, 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 March 21, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 22, 2008

JoAnn M. Wahl, Clerk