THE PEOPLE EX REL., RICHARD MILLS V ANTHONY ANNUCCI, SUPERINTENDENT, COLVIN, NEW YORK STATE ATTORNEY GENERAL, RICHARD
Motion No: KAH 16-00856
Slip Opinion No: 2017 NY Slip Op 62044(U)
Decided on January 23, 2017
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.


January 23, 2017

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

KAH 16-00856

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

RICHARD MILLS, PETITIONER-APPELLANT,

V

ANTHONY ANNUCCI, SUPERINTENDENT, COLVIN, NEW YORK STATE

ATTORNEY GENERAL, RICHARD DESIMONE, DBA NYS DOCCS,

RESPONDENTS-RESPONDENTS.

Index No: 50009


Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Seneca County, dated March 31, 2016,

Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated January 10, 2017, 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 March 24, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 23, 2017

Frances E. Cafarell, Clerk