| THE PEOPLE V STANLEY LOSTUMBO |
| Motion No: KA 15-01848 |
| Slip Opinion No: 2016 NY Slip Op 70405(U) |
| Decided on April 13, 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
KA 15-01848
Indictment No: 2014-1179-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STANLEY
LOSTUMBO, DEFENDANT-APPELLANT. |
Appellant having moved for reargument of the order of this Court entered January 21, 2016,
Now, upon reading and filing the statements of Stanley Lostumbo dated March 17, 2016, March 4, 2016, February 22, 2016 and February 10, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed for failure to provide proof of service on appellate counsel with a copy of the notice of motion and supporting papers and proof of reservice upon the District Attorney occurring after March 15, 2016 (see 22 NYCRR 1000.13 [a][2];[5][i]).
Memorandum: Both appellate counsel and the District Attorney's Office are necessary parties for a formal motion of such relief on notice.
Entered: April 13, 2016
Frances E. Cafarell, Clerk