THE PEOPLE EX REL. CHARLES GIST V J. P. MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL FACILITY
Motion No: KAH 08-02381
Slip Opinion No: 2010 NY Slip Op 68390(U)
Decided on April 8, 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.


April 8, 2010

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

KAH 08-02381
Index No: 08-WRIT-4

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

CHARLES GIST, PETITIONER-APPELLANT,

V

J. P. MORRISSEY, SUPERINTENDENT, BUTLER CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Wayne County, entered October 17, 2008,

Now, upon reading and filing the affirmation of Jeffrey Wicks, Esq., dated March 12, 2010, the notice of motion with proof of service thereof, the statement of Kathleen M. Arnold, Esq., dated March 15, 2010, 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 ordering paragraph of the order of this Court entered February 2, 2010 is hereby amended by striking therefrom the date March 12, 2010 and inserting in place thereof the date June 7, 2010

Memorandum: The direct appeal must be perfected within the time frame set forth in this order.

Entered: April 8, 2010

Patricia L. Morgan, Clerk