| IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: NOS. CA 08-00575 AND CA 08-00702 |
| Slip Opinion No: 2009 NYSlipOp 60285(U) |
| Decided on January 5, 2009 |
| 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.
DOCKET NOS. CA 08-00575 AND CA 08-00702
| IN THE MATTER OF MITCHELL KALWASINSKI, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeals taken from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on January 28, 2008 and March 18, 2008,
Now, upon reading and filing the affidavit of Mitchell Kalwasinski sworn to December 18, 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 and appellant shall perfect the appeals on or before March 2, 2009, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: January 5, 2009
JoAnn M. Wahl, Clerk