| IN THE MATTER OF ANTHONY D. AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: CA 12-01230 |
| Slip Opinion No: 2012 NY Slip Op 86199(U) |
| Decided on October 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.
DOCKET NO. CA 12-01230
| IN THE MATTER OF ANTHONY D. AMAKER,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 27, 2012,
Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to September 1, 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 is dismissed a premature (see 22 NYCRR 1000.13 [f]).
Entered: October 2, 2012
Frances E. Cafarell, Clerk