Opinion
March 8, 1996
Present — Green, J.P., Pine, Fallon, Doerr and Davis, JJ.
Motion to extend time to seek leave to appeal denied as unnecessary. Memorandum: The People have failed to provide the Court with proof of service indicating that defendant was served with a copy of the order denying his CPL 440.10 motion. Therefore, defendant's time to seek leave to appeal from that order has not begun to run ( see, CPL 460.10 [a]).