| THE PEOPLE EX REL., JAMES PEARCE V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: KAH 11-00152 |
| Slip Opinion No: 2011 NY Slip Op 85799(U) |
| Decided on October 3, 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.
KAH 11-00152
Index No: I-2010-10861
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JAMES PEARCE,
PETITIONER-APPELLANT. V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County rendered November 29, 2010,
Now, upon reading and filing the affirmation of Thomas E. Andruschat, Esq. dated September 15, 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 on the condition that appellant perfect the appeal on or before December 2, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 3, 2011
Patricia L. Morgan, Clerk