| THE PEOPLE EX REL. MICHAEL CHAVIS V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 09-00113 |
| Slip Opinion No: 2009 NY Slip Op 84748(U) |
| Decided on September 29, 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 09-00113
Index No: 20,761-08
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. MICHAEL CHAVIS,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Supreme Court, Wyoming County entered December 12, 2008,
Now upon reading and filing the affidavit of Michael Chavis sworn to September 6, 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 dismissed as premature (see 22 NYCRR 1000.3[f]).
.
Entered: September 29, 2009
Patricia L. Morgan, Clerk