| IN THE MATTER OF ANTHONY D. AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 11-02300 |
| Slip Opinion No: 2012 NY Slip Op 80478(U) |
| Decided on July 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 11-02300
| IN THE MATTER OF ANTHONY D. AMAKER, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND CAPTAIN M. KEARNEY, HEARING OFFICER,
WENDE CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 7, 2011, and for other relief,
Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to June 21, 2012, 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 to vacate dismissal of the appeal is granted on the condition that appellant perfects the appeal on or before September 25, 2012.
Entered: July 27, 2012
Frances E. Cafarell, Clerk