| THE PEOPLE V ALLEN WHALEY |
| Motion No: KA 13-00703 |
| Slip Opinion No: 2013 NY Slip Op 74597(U) |
| Decided on May 22, 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 13-00703
Indictment No: 2008-0563-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ALLEN WHALEY, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 for an order reinstating the time to take an appeal from a judgment of the Onondaga County Court, rendered February 10, 2009,
Now, upon reading and filing the affidavit of Allen Whaley sworn to April 2, 2013, the notice of motion with proof of service thereof, the statement of James P. Maxwell, Esq. dated May 7, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: An appeal from a commitment order is by permission only (CPL 330.20[21]) and is deemed civil in nature and shall be covered by the laws and rules applicable to civil appeals (CPL 330.20[21][c]; CPLR 5701 [c]).
Entered: May 22, 2013
Frances E. Cafarell, Clerk