| People etc. ex rel. Michael Erber v Superintendent John Rich |
| Motion No: 2022-483 |
| Slip Opinion No: 2022 NY Slip Op 71499 |
| Decided on September 13, 2022 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
The People etc. ex rel. Michael Erber,
Appellant,
v
Superintendent John Rich,
Respondent.
Motion, insofar as it seeks leave to appeal from the December 2021 Appellate Division order, dismissed as untimely (seeCPLR 5513 [b]; Eaton v State of New York, 76 NY2d 824 [1990]); motion, insofar as it seeks leave to appeal from the March 2022 Appellate Division order, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution.