| THE PEOPLE V JAMES FOX |
| Motion No: KA 15-00101 |
| Slip Opinion No: 2016 NY Slip Op 66252(U) |
| Decided on March 1, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-00101
SCI No: 11-DI-078
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES FOX,
DEFENDANT-APPELLANT. |
Defendant having moved to amend the order of this Court entered February 18, 2015 granting an extension of time pursuant to CPL 460.30, to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of James E. Fox sworn to January 21, 2016, the notice of motion with proof of service thereof, the statement of R. Michael Tantillo, Esq. dated February 10, 2016, the affirmation of Leanne Lapp, Esq. dated February 5, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: The notice of appeal dated February 24, 2015 prepared
by Leanne Lapp, Esq. is deemed timely filed and served.
Entered: March 1, 2016
Frances E. Cafarell, Clerk