Opinion
KA 13-00614 SCI No: 35945 Indictment No: 2011-1807X
04-16-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL N. BONAVITO, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered November 1, 2012,
Now, upon reading and filing the affidavit of Andrew C. LoTempio, Esq. sworn to April 2, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated April 5, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary inasmuch as the Erie County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Frances E. Cafarell, Clerk