| THE PEOPLE EX REL., GERALD SMITH V MICHELLE ARTUS, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY |
| Motion No: KAH 16-01170 |
| Slip Opinion No: 2016 NY Slip Op 88910(U) |
| Decided on October 17, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KAH 16-01170
Index No: 812-2014
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., GERALD SMITH,
PETITIONER-APPELLANT, V MICHELLE ARTUS, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Livingston County, dated February 26, 2015,
Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated October 3, 2016, 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 appellant perfect the appeal on or before December 16, 2016, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: October 17, 2016
Frances E. Cafarell, Clerk