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—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 [4] [a]).
Present—Green, J. P., Pine, Wesley, Callahan and Davis, JJ.
Document Info
Citation Numbers: 212 A.D.2d 1068, 624 N.Y.S.2d 1020
Filed Date: 2/3/1995
Precedential Status: Precedential
Modified Date: 1/13/2022