| IN THE MATTER OF ANTHONY D. AMAKER V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT CORRECTIONAL SERVICES |
| Motion No: CA 12-01230 |
| Slip Opinion No: 2013 NY Slip Op 73836(U) |
| Decided on May 14, 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.
DOCKET NO. CA 12-01230
| IN THE MATTER OF ANTHONY D. AMAKER,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT CORRECTIONAL SERVICES,
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 March 27, 2012,
Now, upon reading and filing the affidavit of Anthony D. Amaker sworn to April 16, 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 to the extent that the dismissal of the appeal from the order entered March 27, 2012, is vacated on the condition that the appeal is perfected on or before July 15, 2013.
Entered: May 14, 2013
Frances E. Cafarell, Clerk