| THE PEOPLE EX REL., JAMES MOORE V DAVID STALLONE, IN HIS CAPACITY AS SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY |
| Motion No: KAH 15-01228 |
| Slip Opinion No: 2016 NY Slip Op 66682(U) |
| Decided on March 7, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KAH 15-01228
Index No: 2015-0225
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JAMES MOORE,
PETITIONER-APPELLANT, V DAVID STALLONE, IN HIS CAPACITY AS SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Cayuga County, entered May 8, 2015,
Now, upon reading and filing the affidavit of Mario J. Gutierrez, Esq. sworn to February 11, 2016, 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 May 6, 2016, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 7, 2016
Frances E. Cafarell, Clerk