| THE PEOPLE EX REL., DAVID P. HARRINGTON V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: KAH 11-02184 |
| Slip Opinion No: 2012 NY Slip Op 78429(U) |
| Decided on July 2, 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.
KAH 11-02184
Index No: 2011-02345
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., DAVID P. HARRINGTON,
PETITIONER-APPELLANT, V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Erie County entered September 16, 2011,
Now, upon reading and filing the affidavit of Michael J. Stachowski, Esq. sworn to June 15, 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 August 31, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 2, 2012
Frances E. Cafarell, Clerk