| IN THE MATTER OF CLIFFORD GRAHAM V BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTION AND |
| Motion No: CA 13-00212 |
| Slip Opinion No: 2013 NY Slip Op 73846(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 13-00212
| IN THE MATTER OF CLIFFORD GRAHAM,
PETITIONER-APPELLANT, V BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTION AND
COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 30, 2012,
Now, upon reading and filing the affidavit of Clifford Graham sworn to April 18, 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: May 14, 2013
Frances E. Cafarell, Clerk