THE PEOPLE EX REL. NAPOLEON QUINN V J.P. MORRISSEY, SUPERINTENDENT OF BUTLER CORRECTIONAL FACILITY
Motion No: KAH 09-00211
Slip Opinion No: 2009 NY Slip Op 87277(U)
Decided on October 28, 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 28, 2009

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

KAH 09-00211
Index No: 08-WRIT-11

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

NAPOLEON QUINN, PETITIONER-APPELLANT,

V

J.P. MORRISSEY, SUPERINTENDENT OF BUTLER CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from a judgement of the Supreme Court entered in the Office of the Clerk of the County of Wayne on December 11, 2008,

Now, upon reading and filing the affirmation of Tyson Blue dated October 12, 2009, the notice of motion with proof of service thereof, the letter of Kathleen M. Arnold dated October 15, 2009, 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 December 28, 2009 and, in the event of failure to do so, the appeal is hereby dismissed without further order.

Entered: October 28, 2009

Patricia L. Morgan, Clerk