| PEOPLE EX REL. ERVIN MITCHELL V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 07-02238 |
| Slip Opinion No: 2008 NYSlipOp 80166(U) |
| Decided on August 11, 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.
KAH 07-02238
Index No: 07-33390
| PEOPLE OF THE STATE OF NEW YORK EX REL. ERVIN MITCHELL,
PETITIONER-APPELLANT, V DAVID UNGER, SUPERINTENDENT, ORLEANS 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 Orleans on September 28, 2007,
Now, upon reading and filing the affirmation of Kiley D. Scott, dated July 28, 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 denied without prejudice to a motion to vacate dismissal of appeal pursuant to 22 NYCRR 1000.13(g).
Entered: August 11, 2008
JoAnn M. Wahl, Clerk