THE PEOPLE EX REL., JAMES SMITH V HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY
Motion No: KAH 12-00565
Slip Opinion No: 2012 NY Slip Op 74206(U)
Decided on May 23, 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.


May 23, 2012

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

KAH 12-00565
Index No: 2011-0861

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

JAMES SMITH, PETITIONER-APPELLANT,

V

HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Petitioner having moved for an extension of time to serve a notice of appeal from an order of the Supreme Court, Cayuga County entered December 21, 2011,

Now, upon reading and filing the affidavit of James Smith sworn to April 9, 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 petitioner serves the notice of appeal on or before June 22, 2012.

Entered: May 23, 2012

Frances E. Cafarell, Clerk