IN THE MATTER OF LEROY JOHNSON V STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY,
Motion No: CA 19-01104
Slip Opinion No: 2020 NY Slip Op 67759(U)
Decided on May 27, 2020
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.


May 27, 2020

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

CA 19-01104

IN THE MATTER OF LEROY JOHNSON, PETITIONER-APPELLANT,

V

STEWART ECKERT, SUPERINTENDENT, WENDE CORRECTIONAL

FACILITY, ET AL., RESPONDENTS-RESPONDENTS.


Appellant having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered March 8, 2019,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application is dismissed without prejudice to a motion to vacate the dismissal of the appeal (see 22 NYCRR 1250.10 [c]).

Entered: May 27, 2020

Mark W. Bennett

Clerk of the Court