| THE PEOPLE EX REL. CALVIN POWELL V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 08-01509 |
| Slip Opinion No: 2009 NY Slip Op 92226(U) |
| Decided on December 21, 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 08-01509
Index No: 20,636-08
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. CALVIN POWELL,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Wyoming County, entered June 5, 2008,
Now, upon reading and filing the affidavit of Dennis Claus, sworn to November 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 to the extent that the dismissal of the appeal is vacated on the condition that appellant perfect the appeal on or before January 22, 2010.
Entered: December 21, 2009
Patricia L. Morgan, Clerk