Opinion
Motion No: KA 05-02516 SCI No: 01564/04
08-29-2012
THE PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. SEAN BEARDEN, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered March 11, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David Panepinto, Esq. sworn to August 14, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Memorandum: The notice of appeal is timely filed pursuant to the order of this Court entered February 21, 2006.
Frances E. Cafarell, Clerk