THE PEOPLE EX REL., KEVIN L. THOMAS V BRIAN FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONS AND COMMUNITY
Motion No: KAH 13-01905
Slip Opinion No: 2013 NY Slip Op 95527(U)
Decided on December 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.


December 31, 2013

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

KAH 13-01905
Index No: 0829-2012

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

KEVIN L. THOMAS, PETITIONER-RESPONDENT,

V

BRIAN FISCHER, COMMISSIONER, NYS DEPARTMENT OF CORRECTIONS

AND COMMUNITY SUPERVISION, ANDREA EVANS, CHAIRWOMAN, NYS

BOARD OF PAROLE, SANDRA AMOIA, SUPERINTENDENT, GROVELAND

CORRECTCIONAL FACILITY, J. LAGEORIGA SORC, GROVELAND

CORRECTIONAL FACILITY, R. UNDERWOOD, INMATE RECORDS

COORDINATOR, GROVELAND CORRECTIONAL FACILITY,

RESPONDENTS-APPELLANTS.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Livingston County entered February 25, 2013,

Now, upon reading and filing the affirmation of Jonathan D. Hitsous, Esq. dated December 13, 2013, 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 on the condition that appellant perfect the appeal on or before January 27, 2014, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 31, 2013

Frances E. Cafarell, Clerk