PEOPLE EX REL., FRANKLIN LEONARD V JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 05-02606
Slip Opinion No: 2008 NYSlipOp 73776(U)
Decided on June 2, 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.


June 2, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KAH 05-02606
Index No: 05-0190

PEOPLE OF THE STATE OF NEW YORK EX REL.,

FRANKLIN LEONARD, PETITIONER-APPELLANT,

V

JOHN BURGE, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,

RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court entered in the Office of the Clerk of the County of Cayuga on August 18, 2005,

Now, upon reading and filing the affidavit of Charles A. Marangola, sworn to May 13, 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 April 10, 2008 is hereby amended by striking therefrom the date June 9, 2008 and inserting in place thereof the date August 8, 2008.

Entered: June 2, 2008

JoAnn M. Wahl, Clerk