THE PEOPLE EX REL., RICHARD GLOSS V SUSAN KICKBUSH, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY
Motion No: KAH 16-00564
Slip Opinion No: 2016 NY Slip Op 91734(U)
Decided on November 15, 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.


November 15, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KAH 16-00564
Index No: I-2015-00215

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

RICHARD GLOSS, PETITIONER-APPELLANT,

V

SUSAN KICKBUSH, SUPERINTENDENT, GOWANDA CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Erie County, entered January 19, 2016,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated October 31, 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 January 17, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 15, 2016

Frances E. Cafarell, Clerk