| PEOPLE EX REL. RICHARD KINARD V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 08-00238 |
| Slip Opinion No: 2008 NYSlipOp 82921(U) |
| Decided on September 8, 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 08-00238
Index No: 07-33640
| PEOPLE OF THE STATE OF NEW YORK EX REL. RICHARD KINARD,
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 order of Supreme Court, Orleans County, entered December 10, 2007,
Now, upon reading and filing the affirmation of Michael A. Rosenhouse, dated August 26, 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 November 7, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 8, 2008
JoAnn M. Wahl, Clerk