| IN THE MATTER OF DONTIE S. MITCHELL V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 11-00383 |
| Slip Opinion No: 2011 NY Slip Op 68500(U) |
| Decided on March 25, 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 11-00383
(INDEX NO. 2010-7531)
| IN THE MATTER OF DONTIE S. MITCHELL, PETITIONER-APPELLANT, V
BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 6, 2010,
Now, upon reading and filing the affidavit of Dontie S. Mitchell sworn to February 10, 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 for permission to proceed as a poor person is granted, and
It is further ORDERED that the Clerk of the County of Erie is hereby directed to provide appellant with a stenographic copy of the minutes upon which the appeal is based, and
It is further ORDERED that the motion insofar as it seeks to extend the time to perfect
the appeal 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 25, 2011
Patricia L. Morgan, Clerk