| THE PEOPLE EX REL, ALAN DALE V DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY, ET. AL. |
| Motion No: KAH 12-00747 |
| Slip Opinion No: 2012 NY Slip Op 93564(U) |
| Decided on December 10, 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 12-00747
Index No: 2011-0658
| THE PEOPLE OF THE STATE OF NEW YORK EX REL, ALAN DALE,
PETITIONER-APPELLANT, V DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY, ET. AL.,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court, Cayuga County entered November 2, 2010,
Now, upon reading and filing the statement of Alan Dale filed November 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 to the extent that the dismissal of the appeal is vacated on the condition that the appeal is perfected on or before March 11, 2013, and
It is further ORDERED that the appeal herein may be prosecuted upon the original papers and ten briefs, handwritten, typewritten or reproduced pursuant to CPLR 5529 and NYCRR 1000.3 (c)(2).
Entered: December 10, 2012
Frances E. Cafarell, Clerk