| THE PEOPLE EX REL. PHILIP EGBERT V NEW YORK STATE DEPARTMENT OF CORRECTIONS THE PEOPLE EX REL. PHILIP EGBERT V NEW YORK |
| Motion No: KAH 09-01134 |
| Slip Opinion No: 2009 NY Slip Op 78205(U) |
| Decided on July 15, 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 09-01134
Index No: 20,689-08
KAH 09-01135
Index No: 20,784-09
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. PHILIP EGBERT,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT. THE PEOPLE OF THE STATE
OF NEW YORK EX REL. PHILIP EGBERT, PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Wyoming County, entered August 22, 2008, and for other relief,
Now, upon reading and filing the affidavit of Philip Egbert, sworn to June 17, 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 November 10, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the judgments of Supreme Court, Wyoming County entered August 22, 2008 and April 23, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: July 15, 2009
Patricia L. Morgan, Clerk