Opinion
KA 15-02025 Indictment No: 2009-0393
12-22-2015
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STUART DIZAK, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved pursuant to CPL 460.30 to extend the time to move for leave to appeal from an order of the Monroe County Court dated June 25, 2015,
Now, upon reading and filing the affidavit of Stuart Dizak sworn to November 19, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that the People served defendant with a copy of the order sought to be appealed, there is no basis upon which to conclude that the time to make an application pursuant to CPL 460.15 has begun to run or that the relief sought is necessary (see CPL 460.10[4][a]; People v Washington, 86 NY2d 853).
Entered: December 22, 2015
Frances E. Cafarell, Clerk