| THE PEOPLE EX REL., MITCHELL MONTGOMERY V DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY |
| Motion No: KAH 12-00123 |
| Slip Opinion No: 2012 NY Slip Op 86998(U) |
| Decided on October 9, 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 12-00123
Index No: I-2011-4473
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., MITCHELL
MONTGOMERY, PETITIONER-APPELLANT, V DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Erie County dated November 21, 2011,
Now, upon reading and filing the affirmation of David J. Pajak, Esq. dated September 17, 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 December 10, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 9, 2012
Frances E. Cafarell, Clerk