IN THE MATTER OF ERIC CANDINO V NEW YORK STATE POLICE
Motion No: CA 09-01880
Slip Opinion No: 2009 NY Slip Op 85321(U)
Decided on October 5, 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.


October 5, 2009

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

DOCKET NO. CA 09-01880

IN THE MATTER OF ERIC CANDINO, PETITIONER-RESPONDENT,

V

NEW YORK STATE POLICE, RESPONDENT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 1, 2008,

Now, upon reading and filing the affirmation of Rajit S. Dosanjh dated September 16, 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 and appellant shall 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: October 5, 2009

Patricia L. Morgan, Clerk