Opinion
KA 15-00101 SCI No: 11-DI-078
03-01-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAMES FOX, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved to amend the order of this Court entered February 18, 2015 granting an extension of time pursuant to CPL 460.30, to file and serve a late notice of appeal,
Now, upon reading and filing the affidavit of James E. Fox sworn to January 21, 2016, the notice of motion with proof of service thereof, the statement of R. Michael Tantillo, Esq. dated February 10, 2016, the affirmation of Leanne Lapp, Esq. dated February 5, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: The notice of appeal dated February 24, 2015 prepared by Leanne Lapp, Esq. is deemed timely filed and served.
Entered: March 1, 2016
Frances E. Cafarell, Clerk