| THE PEOPLE EX REL. RICHARD PERALES V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, AND NYS DEPARTMENT |
| Motion No: KAH 08-02545 |
| Slip Opinion No: 2009 NY Slip Op 78184(U) |
| Decided on July 13, 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 08-02545
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. RICHARD PERALES,
PETITIONER-APPELLANT, V JOHN LEMPKE, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, AND NYS DEPARTMENT OF CORRECTIONAL
SERVICES, RESPONDENTS-RESPONDENTS. Index No: 41823 |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Seneca County, entered October 10, 2008,
Now, upon reading and filing the affirmation of Charles J. Greenberg, dated June 29, 2009, the notice of motion with proof of service thereof, the letter of Kathleen M. Arnold, dated July 1, 2009, 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 September 11, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 13, 2009
Patricia L. Morgan, Clerk