Opinion
DOCKET NO. CA 16-02324
01-19-2017
IN THE MATTER OF JACQUELINE YORRO, PETITIONER-APPELLANT, v. SUPERINTENDENT SHERYL ZENZEN, RESPONDENT-RESPONDENT.
PRESENT:
Appellant having moved for permission to proceed as a poor person and, pursuant to CPL 460.30, for an extension of time to appeal an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on May 5, 2016, and respondent having cross-moved to dismiss the appeal on the ground that the appeal was untimely taken,
Now, upon reading and filing the affidavits of Jacqueline Yorro sworn to October 1, 2016, October 19, 2016, and December 16, 2016, the affirmation of Kathleen M. Treasure, Esq., dated January 5, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion insofar as it seeks an extension of time to take an appeal pursuant to CPL 460.30 is denied, and
It is further ORDERED that respondent's cross motion is granted, and the appeal is dismissed as untimely taken (see CPLR 5513 [a], [d]; 2103 [b] [2]), and
It is further ORDERED that appellant's motion insofar as it seeks permission to proceed as a poor person is dismissed as moot.
Entered: January 19, 2017
Frances E. Cafarell, Clerk