THE PEOPLE V JAMES ARTHUR ZEITZ
Motion No: KA 09-02205
Slip Opinion No: 2009 NY Slip Op 89080(U)
Decided on November 17, 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.


November 17, 2009

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

KA 09-02205
Indictment No: 2003-186

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMES ARTHUR ZEITZ, 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 March 19, 2004,

Now, upon reading and filing the affidavit of James Arthur Zeitz, sworn to November 5, 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 dismissed as untimely (see CPL 460.30[1]).

Entered: November 17, 2009

Patricia L. Morgan, Clerk