| IN THE MATTER OF THE APPLICATION OF GEORGE COTTON, #04B0772 V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY |
| Motion No: KAH 12-01893 |
| Slip Opinion No: 2012 NY Slip Op 92585(U) |
| Decided on December 5, 2012 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KAH 12-01893
Index No: I-2011-4742
| IN THE MATTER OF THE APPLICATION OF GEORGE COTTON,
#04B0772, PETITIONER, V DALE ARTUS, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY, AND ANDREA W. EVANS,
CHAIRMAN, NYS DIVISION OF PAROLE, RESPONDENTS. |
Petitioner having moved for an extension of time to take an appeal from a judgment of the Supreme Court, Erie County entered May 21, 2012, and for other relief,
Now, upon reading and filing the affidavit of George Cotton sworn to November 2, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to take an appeal is denied with leave to renew upon the filing and service of a new motion establishing that petitioner timely served his notice of appeal upon the Attorney General, and
It is further ORDERED that the motion insofar as it seeks poor person relief and assignment of counsel is denied with leave to renew upon the filing and service of a new motion upon all necessary parties (22 NYCRR 1000.14).
Entered: December 5, 2012
Frances E. Cafarell, Clerk