| IN THE MATTER OF BRIAN SNELL V SIBATU KHAHAIFA, SUPERINTENDENT, AND BRIAN FISHER, COMMISSIONER, NEW YORK STATE |
| Motion No: CA 10-00609 |
| Slip Opinion No: 2010 NY Slip Op 91681(U) |
| Decided on December 16, 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 10-00609
| IN THE MATTER OF BRIAN SNELL, PETITIONER-APPELLANT, V SIBATU
KHAHAIFA, SUPERINTENDENT, AND BRIAN FISHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on February 18, 2010,
Now, upon reading and filing the affirmation of Del Atwell, Esq. dated November 10, 2010, and 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 and appellant shall perfect the appeal on or before February 14, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 16, 2010
Patricia L. Morgan, Clerk