| THE PEOPLE EX REL. LARRY ROSS V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY |
| Motion No: KAH 08-01265 |
| Slip Opinion No: 2009 NYSlipOp 69138(U) |
| Decided on April 6, 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 08-01265
Index No: 2007-1329
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. LARRY ROSS,
PETITIONER-APPELLANT, V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Petitioner having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Cayuga County, rendered May 20, 2008,
Now, upon reading and filing the affidavit of Robert P. Bahr, sworn to March 23, 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 the appeal is perfected on or before June 5, 2009.
Entered: April 6, 2009
Patricia L. Morgan, Deputy Clerk