| THE PEOPLE V JOSEPH M. DILAURA |
| Motion No: KA 13-01342 |
| Slip Opinion No: 2013 NY Slip Op 82952(U) |
| Decided on August 20, 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 13-01342
SCI No: 2012-048
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JOSEPH M. DILAURA, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Niagara County Court, rendered October 18, 2012,
Now, upon reading and filing the affidavit of Joseph Dilaura sworn to July 19, 2013, the notice of motion with proof of service thereof, the statement of Thomas H. Brandt, Esq. dated August 7, 2013, and the statement of Joseph Dilaura dated August 12, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Robert Viola, Esq. timely filed and served the notice of appeal on October 31, 2012.
Entered: August 20, 2013
Frances E. Cafarell, Clerk