| THE PEOPLE EX REL., ANTHONY BENNETT V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY, |
| Motion No: KAH 10-00725 |
| Slip Opinion No: 2010 NY Slip Op 91713(U) |
| Decided on December 20, 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 10-00725
Index No: 09-37097
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., ANTHONY BENNETT,
PETITIONER-APPELLANT. V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County rendered February 18, 2010,
Now, upon reading and filing the affidavit of Lyle T. Hajdu, Esq. sworn to December 6, 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 18, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 20, 2010
Patricia L. Morgan, Clerk