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 90227(U)
Decided on December 7, 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.


December 7, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA, FAHEY, AND PERADOTTO, 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 judgment of Supreme Court, Erie County rendered June 30, 2009,

Now, upon reading and filing the affirmation of Michael J. Stachowski, Esq. dated November 16, 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 to the extent that the ordering paragraph of the order of this Court entered August 23, 2010 is hereby amended by striking therefrom the date November 19, 2010 and inserting in place thereof the date March 7, 2011.

Entered: December 7, 2010

Patricia L. Morgan, Clerk