THE PEOPLE EX REL., JUNIOR L. CEPEDA V NEW YORK STATE DEPARTMENT OF CORRECTIONS, COMMISSIONER BRIAN FISCHER, AND S.
Motion No: KAH 12-02157
Slip Opinion No: 2013 NY Slip Op 78667(U)
Decided on July 1, 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.


July 1, 2013

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

KAH 12-02157
Index No: 12-40138

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

JUNIOR L. CEPEDA, PETITIONER-APPELLANT,

V

NEW YORK STATE DEPARTMENT OF CORRECTIONS, COMMISSIONER

BRIAN FISCHER, AND S. DOLCE, WARDEN OF ORLEANS CORRECTIONAL

FACILITY, RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Orleans County entered August 14, 2012,

Now, upon reading and filing the affirmation of David J. Pajak, Esq. dated June 5, 2013, the notice of motion with proof of service thereof, the statement of Allyson B. Levine, Esq. dated June 20, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before August 30, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 1, 2013

Frances E. Cafarell, Clerk