Opinion
Motion No: KA 11-01558 Indictment No: 10C-70
09-07-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN M. SWANK, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Oswego County Court, rendered February 24, 2011,
Now, upon reading and filing the affidavit of Steven M. Swank sworn to July 29, 2011, the notice of motion with proof of service thereof, the letter of Michael G. Cianfarano, Esq. dated August 22, 2011, the affidavit of David E. Russell sworn to August 18, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed at the Oswego County Court and served on March 4, 2011 is hereby deemed timely filed and served.
Patricia L. Morgan, Clerk