People v NYS Division of Parole and Community

Motion No: M-1009

Slip Opinion No: 2018 NYSlipOp 73236(U)

Decided on May 24, 2018

Appellate Division, First 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.

May 24, 2018

The People of the State of New York

ex rel. Rodney Roberts,

Petitioner-Appellant,

v

NYS Division of Parole and Community

Supervision,

Respondent-Respondent.

An order of this Court having been entered on March 22,

2018 (M-528), granting petitioner's motion to the extent of deeming the moving papers a timely filed notice of appeal from an order of the Supreme Court, Bronx County, entered on or about October 17, 2017, and denying so much of the motion seeking leave to prosecute the appeal as a poor person, and for related relief, And petitioner-appellant, pro se, having again moved for an enlargement of time in which to file a late notice of appeal from an order of the Supreme Court, Bronx County, entered on or about October 17, 2017, for leave to prosecute said appeal as a poor person, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion, insofar as it seeks leave to file a late notice of appeal, is denied as unnecessary in light of the relief granted in this Court's order (M-528) entered on March 22, 2017. The motion is otherwise denied.ENTERED: May 24, 2018

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Peter Tom Troy K. Webber Cynthia S. Kern, Justices

M-1009

Index No. 340194/17