| IN THE MATTER OF MICHAEL MELENDEZ V JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, BRIAN FISCHER |
| Motion No: CA 10-00954 |
| Slip Opinion No: 2010 NY Slip Op 86951(U) |
| Decided on October 29, 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 10-00954
| IN THE MATTER OF MICHAEL MELENDEZ, PETITIONER-APPELLANT, V
JAMES L. BERBARY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY, BRIAN FISCHER, COMMISSIONER, AND NORMAN R. BEZIO, DIRECTOR,
S.H.U./INMATE DISCIPLINARY PROGRAMS, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having renewed a motion for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 18, 2010, and having moved for an extension of time to perfect the appeal and other relief,
Now, upon reading and filing the affidavits of Michael Melendez sworn to September 6, 2010, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted and appellant shall perfect the appeal on or before December 10, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 29, 2010
Patricia L. Morgan, Clerk