People v Mark Casolo

Motion No: 106260

Slip Opinion No: 2014 NY Slip Op 63910(U)

Decided on February 7, 2014

Appellate Division, Third 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.

Decided and Entered: February 7, 2014106260

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THE PEOPLE OF THE STATE OF NEW YORK                      
                                                       
           v                      DECISION AND ORDER
                      ON MOTION
MARK CASOLO,

Defendant.
                                                       
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Motion for extension of time to move for permission to appeal.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied as unnecessary on the ground that the time period for filing a motion pursuant to CPL 460.15 for permission to appeal to this Court from the denial of CPL 440.10 motion must be made "[w]ithin thirty days after service upon the defendant of a copy of the order sought to be appealed" (CPL 460.10 [4][a]), and there is no evidence that defendant was served by the People with a copy of such order.
Peters, P.J., Stein, Garry and Rose, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court