Opinion
Motion No: KA 11-01128 Indictment No: 6189
03-27-2012
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 Wyoming County Court, rendered February 22, 2011,
Now, upon reading and filing the affidavit of Sherri Errington sworn to February 28, 2012, the notice of motion with proof of service thereof, the statement of Vincent A. Hemming, Esq. dated March 5, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Molly Jo Musarra, Esq. timely filed and served a notice of appeal. By order entered June 30, 2011, this Court dismissed the appeal taken from the judgment of Wyoming County Court rendered February 22, 2011.
Frances E. Cafarell, Clerk