THE PEOPLE EX REL. ARCHIE SHANNON V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, AND GEORGE B.
Motion No: KAH 09-00045
Slip Opinion No: 2009 NY Slip Op 78188(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.


July 13, 2009

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

KAH 09-00045
Index No: 08-35058

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

ARCHIE SHANNON, PETITIONER-APPELLANT,

V

SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL

FACILITY, AND GEORGE B. ALEXANDER, COMMISSIONER, NEW YORK

STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Orleans County, entered August 13, 2008,

Now, upon reading and filing the affidavit of John A. Cirando, sworn to June 26, 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 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