IN THE MATTER OF VICTOR K. THOMAS V TINA M. STANFORD, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, AND THOMAS KUBINIEC
Motion No: CA 18-00726
Slip Opinion No: 2018 NY Slip Op 90854(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.


October 15, 2018

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

DOCKET NO. CA 18-00726

IN THE MATTER OF VICTOR K. THOMAS, PETITIONER-APPELLANT,

V

TINA M. STANFORD, CHAIRWOMAN, NEW YORK STATE BOARD OF

PAROLE, AND THOMAS KUBINIEC, ADMINISTRATIVE LAW JUDGE,

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 Erie on February 9, 2018,

Now, upon reading and filing the affirmation of Michael S. Deal, Esq., dated September 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 dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1250. [10] [c]).

Entered: October 15, 2018

Mark W. Bennett, Clerk