| IN THE MATTER OF JOVAN FLUDD V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, |
| Motion No: CA 11-01050 |
| Slip Opinion No: 2011 NY Slip Op 84428(U) |
| Decided on September 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01050
| IN THE MATTER OF JOVAN FLUDD, PETITIONER-APPELLANT, V ROBERT
A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS. |
Appellant having moved for a 60-day 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 April 20, 2011,
Now, upon reading and filing the affidavit of Jovan Fludd sworn to September 5, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: September 21, 2011
Patricia L. Morgan, Clerk