| CARLOS ABREU V H. GRAHAM, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, |
| Motion No: CA 16-00420 |
| Slip Opinion No: 2016 NY Slip Op 93654(U) |
| Decided on December 5, 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 16-00420
| CARLOS ABREU, PLAINTIFF-APPELLANT, V H. GRAHAM,
SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY, 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 Cayuga on October 2, 2015,
Now, upon reading and filing the affidavit of Carlos Abreu sworn to November 16, 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 dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: December 5, 2016
Frances E. Cafarell, Clerk