| THE PEOPLE EX REL. CHRIS APPLEWHITE V HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY |
| Motion No: KAH 10-00962 |
| Slip Opinion No: 2010 NY Slip Op 90214(U) |
| Decided on December 6, 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 10-00962
Index No: 2009-0985
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. CHRIS APPLEWHITE,
PETITIONER-APPELLANT, V HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Cayuga County, entered March 4, 2010,
Now, upon reading and filing the affidavit of Kathleen Walsh Infanti, Esq. sworn to November 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 is granted on the condition that appellant perfect the appeal on or before February 4, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 6, 2010
Patricia L. Morgan, Clerk