| THE PEOPLE EX REL. ANDRE BERUBE V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: KAH 17-01035 |
| Slip Opinion No: 2018 NY Slip Op 91555(U) |
| Decided on December 17, 2018 |
| 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.
DOCKET NO. KAH 17-01035
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDRE BERUBE,
PETITIONER-APPELLANT, V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY,
RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 9, 2017,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated November 28, 2018, and 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 dismissal of the appeal is hereby vacated on the condition that the appeal is perfected on or before March 4, 2019.
Entered: December 17, 2018
Mark W. Bennett, Clerk