| THE PEOPLE EX REL., DAVID F. TUSZYNSKI V SUPERINTENDENT DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY |
| Motion No: KAH 13-00519 |
| Slip Opinion No: 2013 NY Slip Op 75923(U) |
| Decided on May 31, 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 13-00519
Index No: 2012-0705
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., DAVID F.
TUSZYNSKI, PETITIONER-APPELLANT, V SUPERINTENDENT DAVID STALLONE, CAYUGA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Petitioner having moved for an extension of time to serve a notice of appeal from the decision and order of Supreme Court, Cayuga County entered October 29, 2012, and for other relief,
Now, upon reading and filing the affidavit of David Tuszynski sworn to May 5, 2013, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion seeking CPLR 5520 relief is granted and the notice of appeal received by the Attorney General on April 4, 2013 is hereby deemed timely served, and
It is further ORDERED that the motion seeking CPL 460.30 relief is denied, and
It is further ORDERED that an extension of time to perfect said appeal is dismissed as unnecessary, and
It is further ORDERED that the appeal must be perfected on or before November 26, 2013 or the appeal will be deemed abandoned and dismissed pursuant to 22 NYCRR 1000.12 (b).
Entered: May 31, 2013
Frances E. Cafarell, Clerk