IN THE MATTER OF THE STATE OF NEW YORK V DANIEL GIERSZEWSKI, A PATIENT IN THE CUSTODY OF THE OFFICE OF MENTAL HEALTH
Motion No: CA 09-00462
Slip Opinion No: 2009 NY Slip Op 88342(U)
Decided on November 9, 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.


November 9, 2009

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

DOCKET NO. CA 09-00462

IN THE MATTER OF THE STATE OF NEW YORK,

PETITIONER-RESPONDENT,

V

DANIEL GIERSZEWSKI, A PATIENT IN THE CUSTODY OF THE OFFICE

OF MENTAL HEALTH, 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 Niagara on February 2, 2009,

Now, upon reading and filing the affirmation of Mary P. Davison dated October 24, 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 February 8, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 9, 2009

Patricia L. Morgan, Clerk