| IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 08-00789 |
| Slip Opinion No: 2009 NYSlipOp 60746(U) |
| Decided on January 12, 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 NO. CA 08-00789
| 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 appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 26, 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 appeal on or before March 13, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 12, 2009
JoAnn M. Wahl, Clerk