| MATTER OF JOSEPH GRAY V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: CA 07-01353 |
| Slip Opinion No: 2008 NYSlipOp 72706(U) |
| Decided on May 14, 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 07-01353
| MATTER OF JOSEPH GRAY, PETITIONER-APPELLANT, V ROBERT A.
KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
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 April 12, 2007,
Now, upon reading and filing the affidavit of Joseph Gray sworn to March 20, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Peter H. Schiff dated April 11, 2008, 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 July 14, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 14, 2008
JoAnn M. Wahl, Clerk