People v Oseni, Kayode
Motion No: 2011-04840
Slip Opinion No: 2011 NY Slip Op 89080(U)
Decided on November 7, 2011
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

M128311

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2011-04840

The People, etc., respondent,

v Kayode Oseni, appellant.

(Ind. No. 09-00210)

DECISION & ORDER ON MOTION

Motion by Kayode Oseni for leave to reargue his prior motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Westchester County, rendered June 18, 2010, which was determined by decision and order on motion dated August 2, 2011.

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

ORDERED that the motion is granted, the decision and order on motion dated August 2, 2011, is recalled and vacated, and, upon reargument, the prior motion pursuant to CPL 460.30 for an extension of time to take an appeal is granted, and the motion papers are deemed to constitute a timely notice of appeal.

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court