| IN THE MATTER OF THE APPLICATION OF HOWARD R. WHITE, ALSO KNOWN AS PROPHET V SUPERINTENDENT, ERNEST LOWERRE |
| Motion No: CA 24-01915 |
| Slip Opinion No: 2025 NY Slip Op 61064(U) |
| Decided on January 13, 2025 |
| 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., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01915
| IN THE MATTER OF THE APPLICATION OF HOWARD R. WHITE, ALSO KNOWN AS
PROPHET, PETITIONER, V SUPERINTENDENT, ERNEST LOWERRE, RESPONDENT. |
Petitioner having moved for an extension of time to file a notice of appeal pursuant to CPL 460.30, from an order of the Supreme Court, Seneca County, entered June 24, 2024, and for other relief,
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 without prejudice and leave to renew on the grounds that there is no proof before the Court demonstrating that the notice of appeal was filed, there is no proof that the notice of appeal was served, and there is no indication of whether the order was served with notice of entry (see CPLR 5515 [1]; 5520 [a]; 5513 [a]).
Memorandum: An extension of time to file a notice of appeal pursuant to CPL 460.30 is not available in this civil matter.
Entered: January 13, 2025
Ann Dillon Flynn
Clerk of the Court