| THE PEOPLE EX REL. ALAN DALE V DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY, ET. AL.,-. |
| Motion No: KAH 12-00747 |
| Slip Opinion No: 2013 NY Slip Op 72564(U) |
| Decided on April 30, 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 12-00747
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 Supreme Court, Cayuga County entered November 2, 2011,
Now, upon reading and filing the affidavit of Alan W. Dale sworn to April 3, 2103, 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 July 29, 2013.
Entered: April 30, 2013
Frances E. Cafarell, Clerk