| 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 70553(U) |
| Decided on May 14, 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.
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 taken herein from an order of the Supreme Court, Erie County, entered 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 granted on the condition that the appeal is perfected on or before July 15, 2019.
Memorandum: No further motions to vacate dismissal of the appeal will be granted to present counsel absent extraordinary circumstances.
Entered: May 14, 2019
Mark W. Bennett
Clerk of the Court