| THE PEOPLE EX REL., JOHN A. J. HINSPETER V DALE A. ARTUS, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY |
| Motion No: KAH 17-00592 |
| Slip Opinion No: 2017 NY Slip Op 83864(U) |
| Decided on August 23, 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: CENTRA, J.P., NEMOYER, TROUTMAN, WINSLOW, AND SCUDDER, JJ.
DOCKET NO. KAH 17-00592
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JOHN A. J. HINSPETER,
PETITIONER-APPELLANT, V DALE A. ARTUS, SUPERINTENDENT, ATTICA CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an order settling and supplementing the record and for an extension of time to perfect the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Wyoming on February 6, 2017, and having moved for other relief,
Now, upon reading and filing the affidavit and statement of John A.J. Hinspeter sworn to June 29, 2017, and dated July 10, 2017, and 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 an order settling and supplementing the record on appeal is denied without prejudice to a motion to settle the record in Supreme Court, (see 22 NYCRR 1000.4 (a) (1) (ii); Stewart v Soda, 239 AD2d 966), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion is otherwise denied.
Entered: August 23, 2017
Frances E. Cafarell, Clerk