Majority
p. 877The People of the State of New York ex rel. Kenneth Smith, Appellant, v Frank Irvin, as Superintendent of Wende Correctional Facility, Respondent. [703 NYS2d 407]
—Motion to vacate dismissal of appeal granted upon condition that the appeal is perfected on or before March 21, 2000. Memorandum: No further extensions will be granted. Present — Pine, J. P., Hayes, Wisner, Scudder and Lawton, JJ. (Filed Feb. 9, 2000.)