Opinion
KA 15-00734 Indictment No: 2013-1132-1
07-16-2015
THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, v. KELLY COOMEY, ALSO KNOWN AS KELLY WALTS, DEFENDANT-RESPONDENT.
PRESENT:
Defendant-respondent having moved to dismiss the appeal taken from an oral decision of the Onondaga County Court, dated April 25, 2014, on the ground that appellant has failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affidavit of Kelly D. Coomey sworn to May 27, 2015, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated June 3, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Memorandum: No appeal lies from an oral decision (see eg People v Saxton 93 AD3d 1077, 1078; lv denied 18 NY3d 998). A motion to dismiss the appeal taken from the order of Onondaga County Court dated May 8, 2015 and entered May 11, 2015 may be made pursuant to 22 NYCRR 1000.13(e) if appellant fails to perfect the appeal within 60 days of service of the notice of appeal (see 22 NYCRR 1000.12[a]).
Entered: July 16, 2015
Frances E. Cafarell, Clerk