SCUDDER

PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Niagara County Court, rendered June 26, 2012,

Now, upon reading and filing the affidavit of Shelby Robertson sworn to February 8, 2014, the notice of motion with proof of service thereof, the statement of Carl H. Dobozin, Esq. dated March 6, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as unnecessary.

Memorandum: Carl H. Dobozin, Esq. timely filed a notice of appeal on July 9, 2012, and timely served the notice of appeal on July 6, 2012.

Frances E. Cafarell, Clerk