IN THE MATTER OF PABLO DEJESUS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY
Motion No: CA 13-00233
Slip Opinion No: 2013 NY Slip Op 69443(U)
Decided on March 29, 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.


March 29, 2013

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00233
(Index No. 21,175-12.)

IN THE MATTER OF PABLO DEJESUS, PETITIONER-APPELLANT,

V

BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF

CORRECTIONS AND COMMUNITY SUPERVISION,

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 May 23, 2012,

Now, upon reading and filing the affidavit of Leah R. Nowotarski, Esq., sworn to March 12, 2013, 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 granted and appellant shall perfect the appeal on or before April 11, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 29, 2013

Frances E. Cafarell, Clerk