| JOSE FUENTES V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 10-01587 |
| Slip Opinion No: 2011 NY Slip Op 67747(U) |
| Decided on March 22, 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.
DOCKET NO. CA 10-01587
| JOSE FUENTES, PETITIONER-APPELLANT, V BRIAN FISCHER,
COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on June 25, 2010,
Now, upon reading and filing the statement of Jose A. Fuentes received February 17, 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 is granted and appellant shall perfect the appeal on or before May 24, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 22, 2011
Patricia L. Morgan, Clerk