People v Duart, Douglas
Motion No: 2010-03955
Slip Opinion No: 2010 NY Slip Op 76933(U)
Decided on July 14, 2010
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

M105327

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-03955

The People, etc., respondent,

v Douglas Duart, appellant.

(Ind. No. 553-08)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Suffolk County, rendered April 1, 2009.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

SKELOS, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court