| THE PEOPLE EX REL., PHILIP KLOSIN V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: KAH 08-01156 |
| Slip Opinion No: 2009 NYSlipOp 63471(U) |
| Decided on February 9, 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 08-01156
Index No: I-2008-2433
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., PHILIP KLOSIN,
PETITIONER-APPELLANT, V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County, rendered March 5, 2008,
Now, upon reading and filing the affidavit of Michael J. Stachowski, sworn to January 20, 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 10, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 9, 2009
JoAnn M. Wahl, Clerk