| THE PEOPLE V DAVID O. NEIL |
| Motion No: KA 12-01819 |
| Slip Opinion No: 2012 NY Slip Op 87723(U) |
| Decided on October 15, 2012 |
| 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 12-01819
Indictment No: 2011-117
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DAVID O. NEIL, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Steuben County Court, rendered September 26, 2011,
Now, upon reading and filing the affidavit of David O. Neil sworn to September 26, 2012, the notice of motion with proof of service thereof, the affidavit of James P. Burd, Esq. sworn to September 9, 2012, the statements of James P. Burd, Esq. dated October 3, 2012 and October 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: James P. Burd, Esq. timely filed a notice of appeal on October 5, 2011, and he timely served the notice of appeal on September 30, 2011.
Entered: October 15, 2012
Frances E. Cafarell, Clerk