| THE PEOPLE V TODD MIRABELLA |
| Motion No: KA 17-00027 |
| Slip Opinion No: 2017 NY Slip Op 89602(U) |
| Decided on October 18, 2017 |
| 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 17-00027
Indictment No: 2013-0170
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TODD MIRABELLA,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Monroe County, dated November 28, 2016,
Now, upon reading and filing the affidavit of Todd Mirabella sworn to September 26, 2017, 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 as unnecessary inasmuch as the Monroe County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to NYCRR 1000.12 (a).
Entered: October 18, 2017
Mark W. Bennett, Clerk