THE PEOPLE V JAMES GAPSKI
Motion No: KA 08-01589
Slip Opinion No: 2008 NYSlipOp 80685(U)
Decided on August 19, 2008
Appellate Division, Fourth 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.


August 19, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. KA 08-01589

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMES GAPSKI, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga on August 15, 2007,

Now, upon reading and filing the affidavit of James M. Gapski sworn to July 22, 2008, the notice of motion with proof of service thereof, the answering affirmation of Thomas B. Mafrici dated August 15, 2008, the letter from James P. Maxwell dated August 15, 2008 and the affidavit of William J. Kurtz sworn to August 15, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and William J. Kurtz is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before September 18, 2008.

Entered: August 19, 2008

JoAnn M. Wahl, Clerk