| MATTER OF CHRISTOPHER SHAPARD V ANTHONY ZON, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND GLENN S. GOORD |
| Motion No: CA 06-03320 |
| Slip Opinion No: 2008 NYSlipOp 64934(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.
DOCKET NO. CA 06-03320
| MATTER OF CHRISTOPHER SHAPARD, PETITIONER-APPELLANT, V
ANTHONY ZON, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY AND GLENN S. GOORD, COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONAL SERVICES, RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on
August 25, 2006, and for other relief,
Now, upon reading and filing the affidavit of Christopher Shapard sworn to
April 18, 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 and appellant shall 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 Clerk of the County of Erie is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Erie in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: February 19, 2008
JoAnn M. Wahl, Clerk