| THE PEOPLE EX REL., MICHAEL IVERSON V DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY; ANDREA W. EVANS |
| Motion No: KAH 13-00325 |
| Slip Opinion No: 2013 NY Slip Op 67393(U) |
| Decided on March 13, 2013 |
| 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 13-00325
Index No: I-2010-4426
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., MICHAEL
IVERSON, PETITIONER-APPELLANT, V DALE ARTUS, SUPERINTENDENT, GOWANDA CORRECTIONAL FACILITY; ANDREA W. EVANS,
CHAIRPERSON, NEW YORK STATE BOARD OF PAROLE, RESPONDENTS-RESPONDENTS. |
Petitioner having moved for an extension of time to file a notice of appeal from a memorandum decision and order of the Supreme Court, Erie County dated August 5, 2011 and entered December 28, 2011, and for other relief,
Now, upon reading and filing the statement of Michael Iverson dated January 28, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that petitioner files the notice of appeal dated December 24, 2011 on or before April 12, 2013, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect an appeal is dismissed as unnecessary (see 22 NYCRR 1000.2 [b]), and
It is further ORDERED that the motion insofar at it seeks poor person relief is premature (see 22 NYCRR 1000.14).
Entered: March 13, 2013
Frances E. Cafarell, Clerk