| THE PEOPLE EX REL. ANDRE BERUBE V JAMES THOMPSON, SUPERINTENDENT, COLLINS CORRECTIONAL FACILITY |
| Motion No: KAH 17-01035 |
| Slip Opinion No: 2019 NY Slip Op 67881(U) |
| Decided on April 8, 2019 |
| 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 to vacate the dismissal of the appeal (denominated a motion 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 papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Petitioner is unable to demonstrate merit to the appeal inasmuch as it appears that the appeal is moot because he has been released on parole.
Entered: April 8, 2019
Mark W. Bennett, Clerk