PEOPLE EX REL. VARREL MITCHELL V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY
Motion No: KAH 07-00986
Slip Opinion No: 2008 NYSlipOp 65622(U)
Decided on March 3, 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.


March 3, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, 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 judgment 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 affidavit of Varrel Mitchell, sworn to February 4, 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 to the extent that the ordering paragraph of the order of this Court entered November 28, 2007 is hereby amended by striking therefrom the date February 8, 2008 and inserting in place thereof the date June 2, 2008.

Entered: March 3, 2008

JoAnn M. Wahl, Clerk