THE PEOPLE EX REL., RICHARD MILLS V JOHN LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL FACILITY; ERIC
Motion No: KAH 11-01845
Slip Opinion No: 2012 NY Slip Op 70652(U)
Decided on April 17, 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.


April 17, 2012

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

KAH 11-01845

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

RICHARD MILLS, PETITIONER-APPELLANT,

V

JOHN LEMPKE, SUPERINTENDENT OF FIVE POINTS CORRECTIONAL

FACILITY; ERIC SCHNEIDERMAN, ATTORNEY GENERAL; BRIAN

FISCHER, COMMISSIONER OF THE NYS DEPT. OF CORRECTIONAL

SERVICES, RESPONDENTS-RESPONDENTS.

Index No: 45342


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Seneca County entered July 25, 2011,

Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated April 2, 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 to the extent that the ordering paragraph of the order of this Court entered September 26, 2011 is hereby amended by striking therefrom the date May 1, 2012 and inserting in place thereof the date July 2, 2012.

Entered: April 17, 2012

Frances E. Cafarell, Clerk