PEOPLE EX REL. FRANK HARRIS V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 08-00147
Slip Opinion No: 2008 NYSlipOp 79504(U)
Decided on August 4, 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.


August 4, 2008

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

KAH 08-00147
Index No: 2007-0720

PEOPLE OF THE STATE OF NEW YORK EX REL.

FRANK HARRIS, PETITIONER-APPELLANT,

V

HAROLD GRAHAM, 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 October 9, 2007,

Now, upon reading and filing the affidavit of Robert P. Bahr, sworn to July 21, 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 on the condition that appellant perfect the appeal on or before October 3, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 4, 2008

JoAnn M. Wahl, Clerk