Opinion
Motion No: KA 12-01682 Indictment No: 2007-514
01-15-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. THOMAS B. SIMCOE, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from an order of Niagara County Court, dated August 8, 2012, and for other relief,
Now, upon reading and filing the affidavit of Thomas Simcoe sworn to November 27, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant may prosecute his appeal pro se, and the notice of appeal timely filed in the Niagara County Clerk's Office on October 30, 2012 shall be treated as valid as to the order of Niagara County Court dated August 8, 2012 pursuant to CPL 460.10(6); and
It is further ORDERED that the motion insofar as it seeks poor person relief is denied with leave to renew upon the filing, serving and determination of an application seeking leave to appeal as a poor person from the appeal taken from an order of Niagara County Court dated August 8, 2012 (see 22 NYCRR 1000.14); and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect said appeal is dismissed as unnecessary inasmuch as the Niagara County District Attorney's Office has not yet filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a); and
It is further ORDERED that the motion is otherwise denied.
Frances E. Cafarell, Clerk