THE PEOPLE EX REL., GERALD SMITH V MICHELLE ARTUS, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY
Motion No: KAH 16-01170
Slip Opinion No: 2017 NY Slip Op 60834(U)
Decided on January 10, 2017
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.


January 10, 2017

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, and for other relief,

Now, upon reading and filing the affirmation of Charles J. Greenberg, Esq. dated December 5, 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 to the extent that the ordering paragraph of the order of this Court entered October 17, 2016 is hereby amended by striking therefrom the date December 16, 2016 and inserting in place thereof the date March 13, 2017, and

It is further ORDERED that the motion is otherwise denied.

Entered: January 10, 2017

Frances E. Cafarell, Clerk