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People v. Dizak

Appellate Division of the Supreme Court of the State of New York
Dec 22, 2015
2015 N.Y. Slip Op. 94845 (N.Y. App. Div. 2015)

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


Summaries of

People v. Dizak

Appellate Division of the Supreme Court of the State of New York
Dec 22, 2015
2015 N.Y. Slip Op. 94845 (N.Y. App. Div. 2015)
Case details for

People v. Dizak

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STUART DIZAK…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Dec 22, 2015

Citations

2015 N.Y. Slip Op. 94845 (N.Y. App. Div. 2015)