| People v Payne, James |
| Motion No: 2019-12100 |
| Slip Opinion No: 2020 NY Slip Op 63927(U) |
| Decided on March 2, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M270016
kbp/
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2019-12100 The People, etc., respondent, v James Payne, appellant. (S.C.I. No. 290N/12)
| DECISION & ORDER ON MOTION |
Motion by James Payne pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Nassau County, rendered March 14, 2012. By order to show cause dated December 9, 2019, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal from the judgment was untimely.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 460.30); and it is further,
ORDERED that the appellant's motion is denied.
DILLON, J.P., BALKIN, AUSTIN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court