| THE PEOPLE V THOMAS DULAK SCI No: 29347 |
| Motion No: KA 08-02599 |
| Slip Opinion No: 2009 NYSlipOp 60296(U) |
| Decided on January 6, 2009 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-02599
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V THOMAS
DULAK, DEFENDANT-APPELLANT. SCI No: 29347 |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Erie County, rendered April 29, 2008,
Now, upon reading and filing the affidavit of Thomas Dulak, sworn to December 2, 2008, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated December 24, 2008, the letter of Paul G. Dell, dated January 2, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the notice of appeal filed in the Office of the Clerk of the County of Erie on May 30, 2008 is deemed timely filed.
Entered: January 6, 2009
JoAnn M. Wahl, Clerk