THE PEOPLE EX REL. JOHN D. VANILLE V SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, NEW YORK STATE DEPARTMENT OF
Motion No: KAH 09-00972 AND KAH 09-01010
Slip Opinion No: 2010 NY Slip Op 64250(U)
Decided on February 22, 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.


February 22, 2010

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

KAH 09-00972 AND KAH 09-01010
Index No: 09-36338

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

JOHN D. VANILLE, PETITIONER-RESPONDENT,

V

SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, NEW

YORK STATE DIVISION OF PAROLE AND

NEW YORK STATE ATTORNEY GENERAL, RESPONDENTS-APPELLANTS.


Appellant having moved for an extension of time to perfect the appeals taken from the order and the judgment of Supreme Court, Orleans County, dated May 8, 2009,

Now, upon reading and filing the affirmation of Julie S. Mereson dated February 8, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Vicky L. Valvo dated February 17, 2010, 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 appeals on or before May 21, 2010, and in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: February 22, 2010

Patricia L. Morgan, Clerk