Opinion
April 15, 1994
Present — Pine, J.P., Balio, Lawton, Davis and Boehm, JJ.
Motion to extend time to take appeal denied as unnecessary. Memorandum: Defendant was not served with a copy of the order denying his CPL article 440 motion. Therefore, his time to file and serve an application for leave to appeal has not expired (see, CPL 460.10 [a]).