Opinion
KA 17-00027 Indictment No: 2013-0170
10-18-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TODD MIRABELLA, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Monroe County, dated November 28, 2016,
Now, upon reading and filing the affidavit of Todd Mirabella sworn to September 26, 2017, 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 inasmuch as the Monroe County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to NYCRR 1000.12 (a).
Entered: October 18, 2017
Mark W. Bennett, Clerk