| IN THE MATTER OF JOVAN FLUDD V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, |
| Motion No: CA 13-01127 |
| Slip Opinion No: 2014 NY Slip Op 63727(U) |
| Decided on February 11, 2014 |
| 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 13-01127
| IN THE MATTER OF JOVAN FLUDD, PETITIONER-APPELLANT,
V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL.,
RESPONDENTS-RESPONDENTS. |
Appellant having moved to withdraw a motion to compel and having moved to extend the time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 13, 2013,
Now, upon reading and filing the affidavit of Jovan Fludd sworn to January 16, 2014, 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 dismissed insofar as it seeks to withdraw the motion to compel on the ground that the motion was decided by order of this Court entered February 4, 2014, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal, and appellant shall perfect the appeal on or before April 14, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 11, 2014
Frances E. Cafarell, Clerk