THE PEOPLE EX REL. RICHARD MILLS V JOHN COLVIN, SUPERINTENDENT FIVE POINTS CORRECTIONAL FACILITY THE PEOPLE EX REL.
Motion No: KAH 17-01758
Slip Opinion No: 2019 NY Slip Op 67901(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.


April 8, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. KAH 17-01758
DOCKET NO. KAH 18-02018
DOCKET NO. KAH 18-02019

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

RICHARD MILLS, PETITIONER-APPELLANT,

V

JOHN COLVIN, SUPERINTENDENT FIVE POINTS CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.

(APPEAL NO. 1.)

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

RICHARD MILLS, PETITIONER-APPELLANT,

V

SUPERINTENDENT COLVIN, ANDREW CUOMO, GOVERNOR,

RESPONDENTS-RESPONDENTS.

(APPEAL NO. 2.)

THE PEOPLE OF THE STATE OF NEW YORK EX REL.

RICHARD MILLS, PETITIONER-APPELLANT,

V

JOHN COLVIN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY,

RESPONDENT-RESPONDENT.

(APPEAL NO. 3.)


Appellant having moved to consolidate the appeals taken herein from judgments of the Supreme Court, Seneca County, dated August 14, 2017 (appeal No. 1), August 7, 2018 (appeal No. 2), and August 28, 2018 (appeal No. 3), and to extend the time to perfect appeal No. 1,

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 granted insofar as it seeks to consolidate the appeals, and the appeals from the judgments dated August 14, 2017, August 7, 2018, and August 28, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 1, and appellant shall perfect the appeal on or before April 15, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 8, 2019

Mark W. Bennett, Clerk