Appellate Division: Second Judicial Department

M279332

E/afa

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2021-05836 The People, etc., respondent, v Damilola Animashaun, appellant. (Ind. No. 2607/2011)

DECISION & ORDER ON MOTION

Motion by Damilola Animashaun, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from so much of an order of the Supreme Court, Kings County, dated May 24, 2021, as denied the branch of his motion which was for testing pursuant to CPL 440.30(1-a)(a)(1) and to extend the time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the remaining portion of the order.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to extend the time to take an appeal from so much of the order as denied the branch of the motion which was for testing pursuant to CPL 440.30(1-a)(a)(1) is granted, and the moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the branch of the motion which is to extend the time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the remaining portion of the order is granted and the time to make that motion is extended until October 27, 2021; and it is further,

ORDERED that no further extension of time is permitted (see CPL 460.30[1]).

DILLON, J.P., IANNACCI, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court