| THE PEOPLE EX REL., JAMES PEARCE V STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: KAH 17-01859 |
| Slip Opinion No: 2018 NY Slip Op 88867(U) |
| Decided on November 13, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. KAH 17-01859
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JAMES PEARCE,
PETITIONER-APPELLANT, V STEWART T. ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,
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 July 19, 2017,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated October 29, 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 January 14, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 13, 2018
Mark W. Bennett, Clerk