| IN THE MATTER OF LUIS ROSALES V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 16-00710 |
| Slip Opinion No: 2016 NY Slip Op 92413(U) |
| Decided on November 21, 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.
DOCKET NO. CA 16-00710
| IN THE MATTER OF LUIS ROSALES, PETITIONER-APPELLANT, V ANTHONY
J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ET AL.,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of 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 2, 2016,
Now, upon reading and filing the affidavit of Luis Rosales sworn to November 7, 2016, 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 20, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 21, 2016
Frances E. Cafarell, Clerk