THE PEOPLE EX REL., BERNARD PITTS V ROBERT KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY, ATTORNEY GENERAL
Motion No: KAH 09-02258
Slip Opinion No: 2011 NY Slip Op 69211(U)
Decided on April 6, 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.


April 6, 2011

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

KAH 09-02258
Index No: I-2009-7181

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

BERNARD PITTS, PETITIONER-APPELLANT.

V

ROBERT KIRKPATRICK, SUPERINTENDENT OF WENDE CORRECTIONAL

FACILITY, ATTORNEY GENERAL OF NEW YORK STATE,

RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County rendered June 30, 2009,

Now, upon reading and filing the affidavit of Michael J. Stachowski, Esq. sworn to February 25, 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 to the extent that the ordering paragraph of the order of this Court entered December 7, 2010 is hereby amended by striking therefrom the date March 7, 2011 and inserting in place thereof the date July 5, 2011.

Entered: April 6, 2011

Patricia L. Morgan, Clerk