| THE PEOPLE EX REL. PHILIP EGBERT V NEW YORK STATE DEPARTMENT OF CORRECTIONS |
| Motion No: KAH 09-01134 & KAH 09-01135 |
| Slip Opinion No: 2009 NY Slip Op 89047(U) |
| Decided on November 16, 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 09-01134 & KAH 09-01135
Index No: 20,689-08
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. PHILIP EGBERT,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeals taken from the judgments of Supreme Court, Wyoming County, entered August 22, 2008 and April 23, 2009,
Now, upon reading and filing the affidavit of Philip Egbert, sworn to November 2, 2009, the notice of motion with proof of service thereof, the letter of Owen Demuth, dated November 9, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for an extension of time be and the same hereby is granted on the condition that appellant perfect the appeals on or before January 15, 2010, and in the event of failure to so perfect, the appeals are hereby dismissed without further order, and the motion is otherwise denied without prejudice to a proper application pursuant to 22 NYCRR 1000.14.
Entered: November 16, 2009
Patricia L. Morgan, Clerk