| THE PEOPLE EX REL., JUAN CANDELARIA V ROBERT KIRKPATRICK |
| Motion No: KAH 08-01459 |
| Slip Opinion No: 2008 NYSlipOp 81346(U) |
| Decided on August 21, 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, PERADOTTO, AND PINE, JJ.
KAH 08-01459
Index No: 2008-2455
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JUAN CANDELARIA,
PETITIONER-APPELLANT, V ROBERT KIRKPATRICK, RESPONDENT-RESPONDENT. |
Petitioner having moved for an extension of time to file a notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 10, 2008,
Now, upon reading and filing the affidavit of Juan Candelaria, sworn to June 20, 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 notice of appeal filed at the Erie County Clerk's Office on May 29, 2008 is deemed timely filed.
Entered: August 21, 2008
JoAnn M. Wahl, Clerk