IN THE MATTER OF THE STATE OF NEW YORK V KARL MUENCH, AN INMATE IN THE CUSTODY OF NEW YORK STATE DEPARTMENT OF

IN THE MATTER OF THE STATE OF NEW YORK V KARL MUENCH, AN INMATE IN THE CUSTODY OF NEW YORK STATE DEPARTMENT OF

Motion No: CA 08-01301

Slip Opinion No: 2009 NYSlipOp 64622(U)

Decided on February 24, 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.

February 24, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 08-01301

IN THE MATTER OF THE STATE OF NEW YORK,
PETITIONER-RESPONDENT,
V
KARL MUENCH, AN INMATE IN THE CUSTODY OF NEW YORK STATE
DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT.

Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 8, 2008,

Now, upon reading and filing the affirmation of J. Scott Porter dated February 6, 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 and appellant shall perfect the appeal on or before May 8, 2009, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 24, 2009

JoAnn M. Wahl, Clerk