THE PEOPLE EX REL., HENRY VARGAS V THE PEOPLE DEPARTMENT OF CORRECTIONS, SUPERINTENDENT EKPE D. EKPE
Motion No: KAH 11-01165
Slip Opinion No: 2012 NY Slip Op 63684(U)
Decided on February 7, 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.


February 7, 2012

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

KAH 11-01165
Index No: 11-0383

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

HENRY VARGAS, PETITIONER-APPELLANT,

V

THE PEOPLE OF THE STATE OF NEW YORK DEPARTMENT OF

CORRECTIONS, SUPERINTENDENT EKPE D. EKPE,

RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Jefferson County entered April 14, 2011,

Now, upon reading and filing the affirmation of Charu Narang, Esq. filed January 18, 2012, 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 March 23, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 7, 2012

Frances E. Cafarell, Clerk