| PEOPLE EX REL. ERVIN MITCHELL V DAVID UNGER, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY |
| Motion No: KAH 07-02238 |
| Slip Opinion No: 2008 NYSlipOp 90883(U) |
| Decided on December 1, 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. |
Petitioner having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Orleans County, rendered September 28, 2007,
Now, upon reading and filing the affirmation of Kiley D. Scott, dated November 17, 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 the appeal is perfected on or before January 30, 2009.
Entered: December 1, 2008
JoAnn M. Wahl, Clerk