People v. Thomas

OPINION OF THE COURT

Memorandum.

An appeal from an order of an intermediate appellate court granting or denying an application for an extension of time in which to take an appeal may be entertained by this court only if the "order states that the determination was made upon the law alone” (CPL 460.30, subd 6). * The order here does not contain such a recital. Therefore, since the possibility that the Appellate Division’s decision was premised on an exercise of discretion cannot be excluded, the appeal must be dismissed (see People v Calabur, 178 NY 463, 464; People v O’Brien, 164 NY 57, 58).

We…