THE PEOPLE EX REL., HENRY T. SCOTT V HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY
Motion No: KAH 11-01017
Slip Opinion No: 2012 NY Slip Op 62302(U)
Decided on January 24, 2012
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.


January 24, 2012

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

KAH 11-01017
Index No: 2011-0990

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

HENRY T. SCOTT, PETITIONER-APPELLANT,

V

HAROLD GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Onondaga County dated February 14, 2011,

Now, upon reading and filing the affidavit of Seth M. Azria, Esq. sworn to December 19, 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 April 23, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 24, 2012

Frances E. Cafarell, Clerk