In the Matter of the Application of Danny Rincon

Motion No: M-6173

Slip Opinion No: 2018 NYSlipOp 64101(U)

Decided on February 15, 2018

Appellate Division, First 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.

February 15, 2018

In the Matter of the Application of

Danny Rincon,

Petitioner,

For a Judgment Pursuant to Article 78of the Civil Practice Law and Rules,

v

New York County District Attorney's

Office (Cyrus Vance, Jr., DA),

Respondent.

Petitioner having moved for leave to appeal to this Court from an order of the Supreme Court, New York County, entered on or about October 30, 2017,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied as unnecessary, the appeal lying as of right from a final judgment (CPLR 5701[A][1]). Sua sponte, petitioner is granted an extension of 30 days time to file a notice of appeal from the date of entry hereof. ENTERED: February 15, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, John W. Sweeny, Jr. Judith J. Gische Richard T. Andrias Ellen Gesmer, Justices

M-6173

Index No. 102084/15