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 67588(U)
Decided on March 23, 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.


March 23, 2009

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 March 10, 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 to the extent that the ordering paragraph of the order of this Court entered January 5, 2009 is hereby amended by deleting the date March 2, 2009 and inserting in its place the date May 22, 2009.

Entered: March 23, 2009

JoAnn M. Wahl, Clerk