Opinion
11 Civ. 1941 (DLC)
04-23-2012
ANDRE LANE, Plaintiff, v. N.Y.S. OFFICE OF MENTAL HEALTH; N.Y.C. DEPARTMENT OF CORRECTIONS, Defendants.
MEMORANDUM OPINION & ORDER
DENISE COTE, District Judge:
Defendants' motions to dismiss were granted By Opinion and Order of January 11, 2 012 (the "January Order"). On February 24, the plaintiff, proceeding pro se, filed a notice of appeal and motion for extension of time to file a notice of appeal of the January Order pursuant to Fed. R. App. P. 4(a)(5).
Rule 4(a)(5) allows a district court to grant a motion for extension of time if the moving party "shows excusable neglect or good cause." Fed. R. App. P. 4(a)(5). Plaintiff is detained at the Central New York Psychiatric Center. Accordingly, it is hereby
ORDERED that the February 24 motion for extension of time is granted. The Clerk of Court shall accept plaintiff's February 24 notice of appeal.
SO ORDERED: Dated: New York, New York
April 23, 2012
__________
DENISE COTE
United states District Judge
COPIES MAILED TO:
Andre Lane
#86226
P.O. Box 300
River Road
Marcy, NY 13403
Joseph A. Marutollo
Assistant Corporation Counsel
New York City Law Department
100 Church Street
New York, NY 10007
Jaime I. Roth
Assistant Attorney General
12 0 Broadway
New York, NY 10271