| THE PEOPLE EX REL. DELANO BROWN V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: KAH 10-01329 |
| Slip Opinion No: 2010 NY Slip Op 77555(U) |
| Decided on July 21, 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., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
KAH 10-01329
Index No: 20,913-09
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. DELANO BROWN,
PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Petitioner having moved for an extension of time to take an appeal from an order of the Supreme Court, Wyoming County dated January 28, 2010,
Now, upon reading and filing the affidavit of Delano D. Brown sworn to May 29, 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 as unnecessary.
Memorandum: Absent proof that the Attorney General's Office served a copy of the
order of Supreme Court, Wyoming County dated January 28, 2010 with written notice of its entry upon petitioner, there is no basis upon which to conclude that the time to take an appeal has begun to run or that the relief sought is necessary (see CPLR 5513 [a]).
Entered: July 21, 2010
Patricia L. Morgan, Clerk