Opinion
KA 12-01682 Indictment No: 2007-514
04-08-2013
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, entered August 8, 2012, and for other relief,
Now, upon reading and filing the affidavit of Thomas Simcoe sworn to February 8, 2013 and the statement of Thomas Simcoe dated February 13, 2013, the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion seeking judicial notice relief is denied, and
It is further ORDERED that the motion seeking an extension of time to perfect said appeal is dismissed as unnecessary inasmuch as the Niagara County District Attorney's Office has not yet moved to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Frances E. Cafarell, Clerk