| IN THE MATTER OF STATE OF NEW YORK V JAMES R. CARTER IN THE MATTER OF STATE OF NEW YORK V JAMES R. CARTER (APPEAL NO. |
| Motion No: CA 11-02087 |
| Slip Opinion No: 2012 NY Slip Op 62947(U) |
| Decided on January 27, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-02087
DOCKET NO. CA 11-02088
| IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT,
V JAMES R. CARTER, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT,
V JAMES R. CARTER, RESPONDENT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved for an extension of time until March 12, 2012, to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Livingston on March 30, 2011 (appeal No. 1), and June 23, 2011 (appeal No. 2),
Now, upon reading and filing the affirmation of John E. Tyo, Esq., dated December 22, 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 insofar as it seeks an extension of time to perfect the appeal from the order entered March 30, 2011, is granted and appellant shall perfect the appeal on or before March 12, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered June 23, 2011, is dismissed as unnecessary and premature (see NYCRR 1000.12 [b]; 1000.13 [f]).
Entered: January 27, 2012
Frances E. Cafarell, Clerk