| THE PEOPLE V FRANCIS DUGAN SCI No: S33957 |
| Motion No: KA 11-00122 |
| Slip Opinion No: 2011 NY Slip Op 63000(U) |
| Decided on January 31, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00122
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANCIS
DUGAN, DEFENDANT-APPELLANT. SCI No: S33957 |
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 November 4, 2010,
Now, upon reading and filing the affidavit of Robert M. Goldstein, Esq. sworn to January 13, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed at the Erie County Clerk's Office on December 13, 2010 and the notice of appeal served upon the Erie County District Attorny's Office on November 23, 2010 is hereby deemed timely filed and served.
Entered: January 31, 2011
PATRICIA L. MORGAN, Clerk