| People of State of New York v Kevin Cadden |
| Motion No: 2010-00974 scr |
| Slip Opinion No: 2010 NY Slip Op 77024(U) |
| Decided on July 7, 2010 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
DENISE F. MOLIA
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Kevin Cadden, Defendant. |
Motion by plaintiff for an extension of time to take an appeal from an order of the District Court of Suffolk County, First District, entered December 24, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion by plaintiff for an extension of time to take an appeal pursuant to CPL 460.30 is denied (see People v Bender, 70 NY2d 670 [1987]).
The People are not authorized to move for an extension of time to take an appeal pursuant to CPL 460.30 (see People v Bender, 70 NY2d 670 [1987]). It is further noted that CPL 460.10 (6) is also inapplicable because a notice of appeal was not filed within the prescribed time (see People v Duggan, 69 NY2d 931 [1987]).
ENTER:
John R. LaCava
Associate Justice