Opinion
February 16, 2000
Motion for permission to proceed as a poor person and for consolidation denied.
PRESENT: PINE, J. P., HAYES, BALIO AND LAWTON, JJ.
Memorandum:
The motion for poor person relief and consolidation must be denied. There is no appeal pending from the order denying the CPL article 440 motion because a notice of appeal was not timely filed in the Livingston County Clerk's Office. The Livingston County Clerk is the Clerk of Livingston County Court ( see, County Law § 525); therefore, the proper place to file the notice of appeal is with the Livingston County Clerk's Office. In order to obtain an extension of time to file a notice of appeal, defendant should make a motion pursuant to CPL 460.30.