| THE PEOPLE V JOSEPH RAUSCH |
| Motion No: KA 13-00726 |
| Slip Opinion No: 2013 NY Slip Op 75290(U) |
| Decided on May 28, 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 13-00726
Indictment No: 2011-01589
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JOSEPH RAUSCH, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court, rendered May 8, 2012,
Now, upon reading and filing the affidavit of Joseph Rausch sworn to April 19, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated May 1, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal served upon the Erie County District Attorney on April 19, 2013 and filed at the Erie County Clerk's Office on May 2, 2013 is hereby deemed to be timely filed and served.
Entered: May 28, 2013
Frances E. Cafarell, Clerk