| THE PEOPLE V TIMOTHY WARGULA |
| Motion No: KA 09-02286 |
| Slip Opinion No: 2009 NY Slip Op 90170(U) |
| Decided on November 30, 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 09-02286
Indictment No: 00339-2009
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TIMOTHY
WARGULA, DEFENDANT-APPELLANT. |
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 July 21, 2009,
Now, upon reading and filing the affidavit of Timothy Wargula, sworn to November 4, 2009, the notice of motion with proof of service thereof, the answering letter of Donna A. Milling, dated November 24, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted, and Timothy Wargula is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 30, 2009.
Entered: November 30, 2009
Patricia L. Morgan, Clerk