People ex rel. Morello v. Irvin

171 A.D.2d 1084 Court N.Y. App. Div. Decision date 1991-03-08 English

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p. 1084

People ex rel. Vincent Morello, Petitioner, v Frank Irvin, as Superintendent of Wende Correctional Facility.

Motion to extend time to take appeal denied. Memorandum: Because petitioner failed both to serve and file his notice of appeal timely, we have no authority to extend his time to take an appeal (see, CPLR 5520 [a]). Present — Callahan, J. P., Doerr, Boomer, Pine and Davis, JJ.