Opinion
Motion No: CA 11-01108
10-21-2011
IN THE MATTER OF MARTIN WHITMORE, PETITIONER-APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-RESPONDENT.
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 of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on November 4, 2010,
Now, upon reading and filing the affidavit of Martin Whitmore sworn to August 23, 2011, 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 without prejudice to a motion to vacate dismissal of the appeal pursuant to 22 NYCRR 1000.13 (g).
Patricia L. Morgan, Clerk