| THE PEOPLE EX REL., FRANK HARRIS V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: KAH 08-01031 |
| Slip Opinion No: 2009 NYSlipOp 62844(U) |
| Decided on February 2, 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.
KAH 08-01031
Index No: 2007-1429
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., FRANK HARRIS,
PETITIONER-APPELLANT, V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Cayuga County, rendered March 31, 2008,
Now, upon reading and filing the affidavit of Robert P. Bahr, sworn to January 12, 2009, 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 appellant perfect the appeal on or before April 3, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 2, 2009
JoAnn M. Wahl, Clerk