THE PEOPLE EX REL., ROBERT CASS V SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL FACILITY
Motion No: KAH 11-00458
Slip Opinion No: 2011 NY Slip Op 67061(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 CENTRA, JJ.

KAH 11-00458
Index No: 10-37871

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

ROBERT CASS, PETITIONER-RESPONDENT,

V

SIBATU KHAHAIFA, SUPERINTENDENT, ORLEANS CORRECTIONAL

FACILITY, RESPONDENT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Orleans County entered May 13, 2010,

Now, upon reading and filing the affirmation of Kate H. Nepveu, Esq. dated March 1, 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 13, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 14, 2011

Patricia L. Morgan, Clerk