| THE PEOPLE EX REL. RAYMOND ALMODOVAR V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY -. |
| Motion No: KAH 08-01538 |
| Slip Opinion No: 2009 NYSlipOp 68339(U) |
| Decided on March 30, 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 08-01538
Index No: I-2008-3153
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. RAYMOND ALMODOVAR,
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 April 2, 2008,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated March 13, 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 May 29, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 30, 2009
JoAnn M. Wahl, Clerk