| THE PEOPLE EX REL. CHARLES GIST V J. P. MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY |
| Motion No: KAH 08-02381 |
| Slip Opinion No: 2009 NY Slip Op 78815(U) |
| Decided on July 20, 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 08-02381
Index No: 08-WRIT-4
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. CHARLES GIST,
PETITIONER-APPELLANT, V J. P. MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Wayne County, entered October 17, 2008,
Now, upon reading and filing the affirmation of Jeffrey Wicks, dated July 6, 2009, the notice of motion with proof of service thereof, the letter of Kathleen M. Arnold, dated July 9, 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 October 19, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 20, 2009
Patricia L. Morgan, Clerk