| THE PEOPLE EX REL., RICKY SMITH V NEW YORK STATE DIVISION OF PAROLE |
| Motion No: KAH 10-01704 |
| Slip Opinion No: 2011 NY Slip Op 61742(U) |
| Decided on January 18, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KAH 10-01704
Index No: 10-0121
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., RICKY SMITH,
PETITIONER-APPELLANT. V NEW YORK STATE DIVISION OF PAROLE, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Jefferson County, rendered March 22, 2010,
Now, upon reading and filing the affirmation of Del Atwell, Esq. dated December 22, 2010, the notice of motion with proof of service thereof, the statement of Marlene O. Tuczinski, Esq. dated January 7, 2011, 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 March 18, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 18, 2011
Patricia L. Morgan, Clerk