People of State of New York v Joseph S. Simko
Motion No: 2007-00441 ORCR
Slip Opinion No: 2008 NYSlipOp 61192(U)
Decided on January 15, 2008
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

NO. 2007-441 OR CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

JOSEPH S. SIMKO,

Appellant.

DECISION

Motion by the People to enlarge the record to address the issue of the timeliness of the appeal denied as moot.

By stipulation dated November 2, 2007, defendant withdrew his contention relating to the timeliness of the appeal thereby rendering unnecessary the need to enlarge the record on appeal.