| KAH 08- 2094 THE PEOPLE EX REL., RYDELLE LEWIS V CARL B. HUNT, SUPERINTENDENT, GROVELAND CORRECTIONAL FACILITY |
| Motion No: Index No: 1193-2008 |
| Slip Opinion No: 2008 NYSlipOp 87871(U) |
| Decided on October 28, 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.
Index No: 1193-2008
| KAH 08- 2094 THE PEOPLE OF THE STATE OF NEW YORK EX REL.,
RYDELLE LEWIS, PETITIONER-APPELLANT, V CARL B. HUNT, SUPERINTENDENT, GROVELAND CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Petitioner having moved pursuant to CPLR 5520(a) to extend the time to file and serve a notice of appeal from an order of the Supreme Court, Livingston County, entered August 14, 2008,
Now, upon reading and filing the affidavit of Rydelle Lewis, sworn to October 7, 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 dismissed.
Memorandum: Absent proof that the Attorney General served petitioner with a copy of the order appealed from with written notice of entry or that petitioner served a copy of the order appealed from with written notice of entry, there is no basis upon which to conclude that the time to file and serve a notice of appeal has begun to run or that the relief sought is necessary (see CPLR 5513).
Entered: October 28, 2008
JoAnn M. Wahl, Clerk