| THE PEOPLE EX REL., ANDRE BERUBE V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: KAH 17-01035 |
| Slip Opinion No: 2017 NY Slip Op 81234(U) |
| Decided on July 20, 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. |
PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.
KAH 17-01035
Index No: I2017-000021
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., ANDRE BERUBE,
PETITIONER-APPELLANT, V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Petitioner having moved pursuant to CPL 460.30 to extend the time to take an appeal from an order of the Supreme Court, Erie County, dated March 3, 2017 and entered March 9, 2017,
Now, upon reading and filing the affidavit of Andre Berube sworn to May 14, 2017, 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 CPL 460.30 relief is denied, and
It is further ORDERED that the motion insofar as it seeks CPLR 5520 relief is granted on the condition that petitioner files the notice of appeal on or before August 21, 2017.
Entered: July 20, 2017
Frances E. Cafarell, Clerk