| THE PEOPLE V THOMAS R. MARION |
| Motion No: KA 18-01939 |
| Slip Opinion No: 2018 NY Slip Op 89734(U) |
| Decided on November 27, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 18-01939
SCI No. 17-024
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V THOMAS R.
MARION, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Allegany County Court, rendered May 5, 2017,
Now, upon reading and filing the affidavit of Thomas Marion, sworn to October 5, 2018, the notice of motion with proof of service thereof, the affirmation of J. Thomas Fuoco, Esq., dated October 29, 2018, the affirmation of J. Kirby Colling, Esq., dated October 28, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: November 27, 2018
MARK W. BENNETT, Clerk