IN THE MATTER OF SALEEM SPENCER V ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND
Motion No: CA 17-01273
Slip Opinion No: 2018 NY Slip Op 70808(U)
Decided on April 16, 2018
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.


April 16, 2018

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

DOCKET NO. CA 17-01273

IN THE MATTER OF SALEEM SPENCER, PETITIONER-APPELLANT,

V

ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENT-RESPONDENT.


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 May 30, 2017,

Now, upon reading and filing the affidavit of Saleen Spencer sworn to March 26, 2018, 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 May 29, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 16, 2018

Mark W. Bennett, Clerk