IN THE MATTER OF MANUEL MOSLEY V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER
Motion No: CA 13-00007
Slip Opinion No: 2013 NY Slip Op 70760(U)
Decided on April 15, 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.


April 15, 2013

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

DOCKET NO. CA 13-00007

IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment (denominated order) of the Erie County Supreme Court dated November 7, 2012

Now, upon reading and filing the statement of Manuel Mosley dated March 26, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: April 15, 2013

Frances E. Cafarell, Clerk