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

DOCKET NO. KAH 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 file the notice of appeal, for an order curing a defect in the caption of the notice of appeal, and for an extension of time to perfect the appeal taken 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 January 7, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to file the notice of appeal is granted on the condition that appellant files the notice of appeal on or before April 4, 2011 (see CPLR 5520 [a]), and

It is further ORDERED that the motion insofar as it seeks to cure a defect in the notice of appeal is granted to the extent that the caption of the notice of appeal is deemed to read "County of Orleans," instead of "County of Erie," (see CPLR 5520 [c]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered December 16, 2010, is hereby amended by deleting the date February 14, 2011, and inserting in its place the date April 15, 2011.

Entered: March 10, 2011

Patricia L. Morgan, Clerk