Majority
p. 937People ex rel. Joseph Kitt, Petitioner, v State of New York, Respondent. [604 NYS2d 846]
—Motion to extend time to take appeal denied as unnecessary. Memorandum: The motion is unnecessary. Because petitioner has not been served with a copy of the judgment to be appealed from, his time to file his notice of appeal has not yet begun to run (see, CPLR 5513 [a]). Present—Callahan, J. P., Balio, Lawton, Boomer and Davis, JJ.