| IN THE MATTER OF DARRYL PHELPS V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 13-00222 |
| Slip Opinion No: 2013 NY Slip Op 89233(U) |
| Decided on October 22, 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 13-00222
| IN THE MATTER OF DARRYL PHELPS, PETITIONER-APPELLANT,
V BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
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 December 3, 2012,
Now, upon reading and filing the statement of Darryl Phelps dated September 26, 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, and appellant shall perfect the appeal on or before December 23, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 22, 2013
Frances E. Cafarell, Clerk