| PEOPLE EX REL. ERVIN MITCHELL V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 07-02238 |
| Slip Opinion No: 2008 NYSlipOp 80645(U) |
| Decided on August 19, 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. KAH 07-02238
| 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 to vacate the dismissal of the appeal taken from a judgment of the 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 Tracy Dam Chieco dated August 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, on the condition that appellant perfect the appeal on or before October 17, 2008.
Entered: August 19, 2008
JoAnn M. Wahl, Clerk