Opinion
KAH 12-02157 Index No: 12-40138
07-01-2013
THE PEOPLE OF THE STATE OF NEW YORK EX REL., JUNIOR L. CEPEDA, PETITIONER-APPELLANT, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, COMMISSIONER BRIAN FISCHER, AND S. DOLCE, WARDEN OF ORLEANS CORRECTIONAL FACILITY, RESPONDENTS-RESPONDENTS.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Orleans County entered August 14, 2012,
Now, upon reading and filing the affirmation of David J. Pajak, Esq. dated June 5, 2013, the notice of motion with proof of service thereof, the statement of Allyson B. Levine, Esq. dated June 20, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before August 30, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Frances E. Cafarell, Clerk