| THE PEOPLE EX REL. FRANK GRAHAM V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONS, AND MALCOLM CULLY |
| Motion No: KAH 08-01977 |
| Slip Opinion No: 2009 NY Slip Op 76940(U) |
| Decided on June 8, 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 08-01977
Index No: 762-2008
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. FRANK GRAHAM,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER, DEPARTMENT OF CORRECTIONS, AND MALCOLM CULLY, SUPERINTENDENT,
LIVINGSTON CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Livingston County, rendered July 16, 2008,
Now, upon reading and filing the affidavit of Norman P. Effman, sworn to May 18, 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 August 7, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 8, 2009
Patricia L. Morgan, Clerk