| THE PEOPLE V THOMAS B. SIMCOE |
| Motion No: KA 12-01682 |
| Slip Opinion No: 2013 NY Slip Op 70060(U) |
| Decided on April 8, 2013 |
| 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 12-01682
Indictment No: 2007-514
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V THOMAS B. SIMCOE, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Niagara County Court, entered August 8, 2012, and for other relief,
Now, upon reading and filing the affidavit of Thomas Simcoe sworn to February 8, 2013 and the statement of Thomas Simcoe dated February 13, 2013, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion seeking judicial notice relief is denied, and
It is further ORDERED that the motion seeking an extension of time to perfect said appeal is dismissed as unnecessary inasmuch as the Niagara County District Attorney's Office has not yet moved to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Entered: April 8, 2013
Frances E. Cafarell, Clerk