| IN THE MATTER OF THE APPLICATION OF KESTER SANDY V HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY |
| Motion No: KAH 12-01071 |
| Slip Opinion No: 2013 NY Slip Op 65141(U) |
| Decided on February 19, 2013 |
| 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 12-01071
Index No: 2011-0862
| IN THE MATTER OF THE APPLICATION OF KESTER SANDY,
PETITIONER-APPELLANT, V HAROLD D. GRAHAM, SUPERINTENDENT OF AUBURN CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Cayuga County entered April 20, 2012,
Now, upon reading and filing the affidavit of Mario J. Gutierrez, Esq. sworn to January 30, 2013, 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 April 22, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 19, 2013
Frances E. Cafarell, Clerk