Appellate Division of the Supreme Court of the State of New York March 8, 1996 (People v. Smiley)

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 *1098order has not begun to run (see, CPL 460.10 [4] [a]). Present— Green, J. P., Pine, Fallon, Doerr and Davis, JJ.