PEOPLE EX REL ERBER v. RICH (2022)

Court of Appeals of New York.

The PEOPLE etc. EX REL. Michael ERBER, Appellant, v. Superintendent John RICH, Respondent.

2022-483

Decided: September 13, 2022

Motion, insofar as it seeks leave to appeal from the December 2021 Appellate Division order, dismissed as untimely (see CPLR 5513 [b]; Eaton v. State of New York, 76 N.Y.2d 824, 559 N.Y.S.2d 981, 559 N.E.2d 675 [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.

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