People v Ayavaca, Jose
Motion No: 2008-10960
Slip Opinion No: 2008 NYSlipOp 92824(U)
Decided on December 23, 2008
Appellate Division, 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 Division: Second Judicial Department

M80332

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-10960

The People, etc., respondent,

v Jose Ayavaca, appellant.

(Ind. No. 08-1149)

DECISION & ORDER ON MOTION

Motion by the defendant, inter alia, pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Peekskill City Court, Criminal Division, County of Westchester, rendered August 28, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is dismissed without prejudice to making a motion in the Appellate Term, of the Supreme Court, for the Ninth and Tenth Judicial Districts.

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court