Opinion
KA 17-01037 Indictment No: 7434
03-19-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSE A. CAPO, DEFENDANT-APPELLANT.
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered January 20, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Flaherty, Jr., Esq. sworn to February 13, 2018, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: March 19, 2018
Mark W. Bennett, Clerk