In the Matter of Jesse Roberites Petitioner v Brian Fischer as Commissioner of Corrections and Community Supervision

Motion No: 516973

Slip Opinion No: 2014 NY Slip Op 62886(U)

Decided on January 24, 2014

Appellate Division, Third 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.

Decided and Entered: January 24, 2014516973
517503
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In the Matter of JESSE ROBERITES,

Petitioner,
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
BRIAN FISCHER, as Commissioner of Corrections and Community Supervision,

Respondent.
                                                       
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Motion for extension of time to perfect proceeding in case No. 516973 and to consolidate.

Motion for permission to proceed as a poor person in case No. 517503.

Motion to file late notice of appeal from orders of Supreme Court dated July 18, 2013 and August 6, 2013.

Upon the papers filed in support of the motions, and no papers having been filed in opposition thereto, it is

ORDERED that the motion for an extension of time to perfect the proceeding in case No. 516973 is granted, without costs, and the time to perfect the proceeding is extended to March 25, 2014, and it is further

ORDERED that the motion to file a late notice of appeal from the order of Supreme Court dated August 6, 2013 is denied, without costs, and it is further

ORDERED that the motion to file a late notice of appeal from the order of Supreme Court dated July 18, 2013 is denied, without costs, as unnecessary on the ground that no proof has been offered that petitioner was served with a copy of said order with written notice of entry (see CPLR 5513 [a], [b]), and it is further

ORDERED that the motion for permission to proceed as a poor person in case No. 517503 is granted, without costs, only to the extent that the filing fees required for the motions to consolidate and to file a late notice of appeal are waived, and it is further

ORDERED that the motion to consolidate is denied, without costs, on the ground that only the transferred proceeding in case No. 516973 is currently pending in this Court.
Peters, P.J., Stein, McCarthy and Garry, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court