| PEOPLE EX REL. DARRYL P. LYNCH V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY Index No: 39296 |
| Motion No: KAH 07-01305 |
| Slip Opinion No: 2008 NYSlipOp 64234(U) |
| Decided on February 20, 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 07-01305
| PEOPLE OF THE STATE OF NEW YORK EX REL. DARRYL P. LYNCH,
PETITIONER-APPELLANT, V THOMAS POOLE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. Index
No: 39296 |
Petitioner 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 April 19, 2007, and for other relief,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated January 2, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Kate H. Nepveu, dated January 15, 2008, 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 21, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion is otherwise denied.
Entered: February 20, 2008
JoAnn M. Wahl, Clerk