THE PEOPLE EX REL., CHRIS APPLEWHITE V HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY
Motion No: KAH 10-00962
Slip Opinion No: 2011 NY Slip Op 67058(U)
Decided on March 14, 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 14, 2011

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

KAH 10-00962
Index No: 2009-0985

THE PEOPLE OF THE STATE OF NEW YORK EX REL., CHRIS APPLEWHITE, PETITIONER-RESPONDENT,

V

HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from an order of the Supreme Court, Cayuga County entered March 4, 2010,

Now upon reading and filing the affidavit of Chris Applewhite sworn to February 2, 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 dismissed as premature.

Entered: March 14, 2011

Patricia L. Morgan, Clerk