| PEOPLE EX REL. VARREL MITCHELL V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY \ |
| Motion No: KAH 07-00986 |
| Slip Opinion No: 2008 NYSlipOp 91587(U) |
| Decided on December 2, 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 07-00986
Index No: 941-2006
| PEOPLE OF THE STATE OF NEW YORK EX REL., VARREL MITCHELL,
PETITIONER-APPELLANT, V MALCOLM CULLY, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. \ |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Livingston County, entered November 22, 2006,
Now, upon reading and filing the affidavit of Varrel Mitchell, sworn to October 15, 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 ordering paragraph of the order of this Court entered July 23, 2008 is hereby amended by striking therefrom the date October 21, 2008 and inserting in place thereof the date March 2, 2009.
Entered: December 2, 2008
JoAnn M. Wahl, Clerk