THE PEOPLE EX REL., KALVIN HARMON V HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY
Motion No: KAH 10-01915
Slip Opinion No: 2011 NY Slip Op 66471(U)
Decided on March 8, 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.


March 8, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KAH 10-01915
Index No: 2009-1435

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

KALVIN HARMON, PETITIONER-APPELLANT.

V

HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN

CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Cayuga County entered May 17, 2010,

Now, upon reading and filing the affirmation of David P. Elkovitch, Esq. dated February 17, 2011, 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 May 9, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 8, 2011

Patricia L. Morgan, Clerk