IN THE MATTER OF MANUEL MOSLEY V MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER
Motion No: CA 13-00007
Slip Opinion No: 2013 NY Slip Op 92003(U)
Decided on November 20, 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.


November 20, 2013

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

DOCKET NO. CA 13-00007

IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT,

V

MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL

FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment (denominated order) of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 7, 2012,

Now, upon reading and filing the statement of Manuel Mosely dated October 29, 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 January 22, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 20, 2013

Frances E. Cafarell, Clerk