| THE PEOPLE EX REL., BERNARD PITTS V ROBERT KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY, ATTORNEY GENERAL |
| Motion No: KAH 09-02258 |
| Slip Opinion No: 2010 NY Slip Op 73901(U) |
| Decided on June 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KAH 09-02258
Index No: I-2009-7181
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., BERNARD PITTS,
PETITIONER-APPELLANT. V ROBERT KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY, ATTORNEY GENERAL OF NEW YORK
STATE, RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Erie County entered June 30, 2009,
Now, upon reading and filing the affirmation of Michael J. Stachowski dated May 18, 2010, 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 August 6, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 8, 2010
Patricia L. Morgan, Clerk