Opinion
Submitted May 6, 1957
Decided May 16, 1957
An Associate Judge of the Court of Appeals granted permission to appeal from a judgment of the County Court of Nassau County, which affirmed a judgment of the District Court of Nassau County convicting defendant of assault in the third degree. The District Attorney, in his motion to dismiss the appeal, alleged that no notice of appeal was ever served upon him, that no record on appeal was served or filed, and that no motion for enlargement of time was made.
Frank A. Gulotta, District Attorney ( Henry P. De Vine of counsel), for motion.
No one opposed.
Motion to dismiss appeal denied upon the ground that no appeal is pending in the Court of Appeals.