Opinion
KAH 16-01343 Index No: 0508-2015
08-31-2016
THE PEOPLE OF THE STATE OF NEW YORK EX REL., DARRYL GRATE, PETITIONER-APPELLANT, v. MICHELLE ARTUS, SUPERINTENDENT LIVINGSTON CORRECTIONAL FACILITY, TINA MARIE STANFORD, CHAIR OF NEW YORK STATE BOARD OF PAROLE, RESPONDENTS-RESPONDENTS.
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Petitioner having moved for an extension of time to file a notice of appeal from a judgment of the Supreme Court, Livingston County, rendered September 25, 2015,
Now, upon reading and filing the affidavit of Darryl Grate sworn to August 4, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the pro se notice of appeal filed on February 9, 2016 at the Livingston County Clerk's Office is hereby deemed timely filed, and
It is hereby ORDERED that said briefs are to be filed and served on or before September 29, 2016, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: August 31, 2016
Frances E. Cafarell, Clerk