THE PEOPLE V JOSEPH J. PATERNOSTRO III, ALSO KNOWN AS JOSEPH PATERNOSTRO
Motion No: KA 18-01464
Slip Opinion No: 2018 NY Slip Op 82862(U)
Decided on September 5, 2018
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.


September 5, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 18-01464
Indictment No: 2017-01840 / SCI42809

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSEPH J. PATERNOSTRO III, ALSO KNOWN AS JOSEPH

PATERNOSTRO, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Erie County Court rendered January 25, 2018,

Now, upon reading and filing the affidavit of Joseph Paternostro, III sworn to August 8, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated August 20, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Joseph Paternostro, III is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before October 5, 2018.

Entered: September 5, 2018

Mark W. Bennett, Clerk