Opinion
Motion No: CA 11-01050
09-21-2011
IN THE MATTER OF JOVAN FLUDD, PETITIONER-APPELLANT, v. ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, ET AL., RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for a 60-day 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 April 20, 2011,
Now, upon reading and filing the affidavit of Jovan Fludd sworn to September 5, 2011, 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 as premature (see 22 NYCRR 1000.13 [f]).
Patricia L. Morgan, Clerk