THE PEOPLE EX REL., THOMAS AIKENS V DAWSON BROWN, SUPERINTENDENT, GROVELAND CORRECTIONAL FACILITY
Motion No: KAH 11-00998
Slip Opinion No: 2011 NY Slip Op 88635(U)
Decided on November 1, 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.


November 1, 2011

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

KAH 11-00998
Index No: 1043-2010

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

THOMAS AIKENS, PETITIONER-APPELLANT,

V

DAWSON BROWN, SUPERINTENDENT, GROVELAND CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Livingston County entered January 13, 2011,

Now, upon reading and filing the affirmation of Anna Z. Zost, Esq. dated October 17, 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 dismissal of the appeal is vacated on the condition that the appeal is perfected on or before January 3, 2012.

Entered: November 1, 2011

Patricia L. Morgan, Clerk