THE PEOPLE EX REL. ROBERT S. FORSHEY V DENNIS JOHN, SHERIFF, CATTARAUGUS COUNTY, AND NEW YORK STATE DIVISION OF PAROLE
Motion No: KAH 09-00994
Slip Opinion No: 2010 NY Slip Op 60912(U)
Decided on January 11, 2010
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.


January 11, 2010

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

KAH 09-00994

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

ROBERT S. FORSHEY, PETITIONER-APPELLANT,

V

DENNIS JOHN, SHERIFF, CATTARAUGUS COUNTY, AND NEW YORK

STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.

Index No: 74790


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on November 25, 2008,

Now, upon reading and filing the affidavit of Jay D. Carr, sworn to December 21, 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 on the condition that appellant perfect the appeal on or before February 10, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 11, 2010

Patricia L. Morgan, Clerk