IN THE MATTER OF MITCHELL KALWASINSKI V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 08-00789
Slip Opinion No: 2009 NY Slip Op 75454(U)
Decided on June 16, 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.


June 16, 2009

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

DOCKET NO. CA 08-00789

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 appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 26, 2008,

Now, upon reading and filing the affidavit of Mitchell Kalwasinski sworn to May 12, 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 March 23, 2009 is hereby amended by deleting the date May 22, 2009 and inserting in its place the date August 17, 2009.

Memorandum: No further extensions to perfect will be granted.

Entered: June 16, 2009

Patricia l. Morgan, Clerk