IN THE MATTER OF JOHN HOGAN V BRIAN FISCHER, COMMISSION, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
Motion No: CA 10-01574
Slip Opinion No: 2011 NY Slip Op 70537(U)
Decided on April 21, 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 21, 2011

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

DOCKET NO. CA 10-01574

IN THE MATTER OF JOHN HOGAN, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSION, NEW YORK STATE DEPARTMENT OF

CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.


Appellant having moved 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 Wyoming on June 25, 2010,

Now, upon reading and filing the affidavit of John Hogan sworn to March 15, 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 June 21, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 21, 2011

Patricia L. Morgan, Clerk