| IN THE MATTER OF ALPHONSO SIMMONS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 09-01615 |
| Slip Opinion No: 2010 NY Slip Op 72001(U) |
| Decided on May 12, 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 09-01615
| IN THE MATTER OF ALPHONSO SIMMONS, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 27, 2009,
Now, upon reading and filing the affidavit of Alphonso Simmons sworn to April 22, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal pursuant to 22 NYCRR 1000.13 (g).
Entered: May 12, 2010
Patricia L. Morgan, Clerk