THE PEOPLE EX REL., HENRY T. SCOTT V HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY
Motion No: KAH 11-01017
Slip Opinion No: 2012 NY Slip Op 81682(U)
Decided on August 15, 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.


August 15, 2012

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, AND SCONIERS, JJ.

KAH 11-01017
Index No: 2011-0990

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

HENRY T. SCOTT, PETITIONER-APPELLANT,

V

HAROLD GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Onondaga County dated February 14, 2011,

Now, upon reading and filing the affidavit of Henry Scott sworn to July 24, 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 May 2, 2012 is hereby amended by striking therefrom the date July 31, 2012 and inserting in place thereof the date November 13, 2012.

Memorandum: When the parties or their attorneys are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record must be settled by the court from which the appeal is taken. It shall be the obligation of the appellant to make the application to settle the record (see 22 NYCRR 1000.4[a][1][ii]).

Entered: August 15, 2012

Frances E. Cafarell, Clerk