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PEOPLE EX REL. BALLARD v. SMITH

242 A.D.2d 976 (1997)

668 N.Y.S.2d 962

The People of the State of New York ex rel. Luevell Ballard, Petitioner, v. Carl Smith, as Superintendent of Marcy Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1997

Motion to extend time to take appeal and to extend time to perfect appeal denied.

Memorandum:

Petitioner is seeking an extension of time to take an appeal from a judgment denying his habeas corpus petition and an extension of time to perfect an appeal from an order denying his CPL article 440 motion. Because petitioner failed to file or serve a timely notice of appeal, he forfeited the right to appeal from the judgment denying his habeas corpus petition (...

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