Opinion
Argued October 20, 1988
Decided November 29, 1988
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Vincent E. Doyle, J.
Richard T. Sullivan and Thomas M. Moll for appellant.
Kevin M. Dillon, District Attorney (Louis A. Haremski and John J. DeFranks of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
As the Appellate Division recognized, the factors to be considered by that court on a motion pursuant to CPL 30.30 are not the same as those determining the reasonableness of an appellant's request for an extension of time to perfect an appeal. We cannot say that the Appellate Division erred as matter of law in concluding that the period April 20 to August 30, 1985 was reasonable and therefore excludable (CPL 30.30) on the factors presented in this case.
Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.
Order affirmed in a memorandum.