Opinion
DOCKET NO. CA 13-00007
04-15-2013
IN THE MATTER OF MANUEL MOSLEY, PETITIONER-APPELLANT, v. MALCOLM R. CULLY, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment (denominated order) of the Erie County Supreme Court dated November 7, 2012
Now, upon reading and filing the statement of Manuel Mosley dated March 26, 2013, 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 as premature (see 22 NYCRR 1000.13 [f]).
Frances E. Cafarell, Clerk