
    People v Richard McMullin, Defendant.
    [624 NYS2d 1020]
   —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.  