| THE PEOPLE V THOMAS B. SIMCOE |
| Motion No: KA 09-00902 |
| Slip Opinion No: 2009 NY Slip Op 76124(U) |
| Decided on May 13, 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 09-00902
Indictment No: 2007-514
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V THOMAS B.
SIMCOE, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Niagara County Court, rendered December 19, 2008,
Now, upon reading and filing the affirmation of Philip Dabney, Jr. dated April 23, 2009, the notice of motion with proof of service thereof, 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 on January 22, 2009 and served on January 15, 2009 is hereby deemed timely filed and served.
Entered: May 13, 2009
Patricia L. Morgan, Clerk