| THE PEOPLE EX REL. WILLIAM MCCLENDON V SIBATU KHAHAIFA, ACTING SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY -. |
| Motion No: KAH 09-00919 |
| Slip Opinion No: 2011 NY Slip Op 62430(U) |
| Decided on January 24, 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 09-00919
Indictment No. 08-35696
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. WILLIAM MCCLENDON,
PETITIONER-APPELLANT, V SIBATU KHAHAIFA, ACTING SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY
RESPONDENT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Orleans County entered February 13, 2009,
Now, upon reading and filing the affirmation of James S. Hinman, Esq. dated December 9, 2010, the notice of motion with proof of service thereof, the affirmation of Marcus J. Mastracco, Esq. dated December 21, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that the appeal is perfected on or before April 25, 2011.
Entered: January 24, 2011
Patricia L. Morgan, Clerk