| PEOPLE EX REL., FRANK DUDLEY V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 07-01306 |
| Slip Opinion No: 2008 NYSlipOp 64206(U) |
| Decided on February 19, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KAH 07-01306
Index No: 07-32888
| PEOPLE OF THE STATE OF NEW YORK EX REL., FRANK DUDLEY,
PETITIONER-APPELLANT, V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
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 Orleans on May 21, 2007,
Now, upon reading and filing the affirmation of Steven D. Sessler, dated February 8, 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 April 18, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 19, 2008
JoAnn M. Wahl, Clerk