| THE PEOPLE EX REL. RICKY ORTA V STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: KAH 17-00621 |
| Slip Opinion No: 2018 NY Slip Op 90847(U) |
| Decided on October 15, 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 17-00621
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. RICKY ORTA,
PETITIONER-APPELLANT, V STEWART 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 February 24, 2017,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated September 27, 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 December 14, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 15, 2018
Mark W. Bennett, Clerk