Opinion
Motion No: KA 12-00672 Indictment No: 2003-4028
05-02-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CHAVELO BORDEN, 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 October 8, 2003, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to April 10, 2012, the notice of motion with proof of service thereof, the statement of Jeffrey E. Marion, Esq. dated April 16, 2012 and the statements of Chavelo Borden filed April 27, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 31, 2012.
Frances E. Cafarell, Clerk