People v. Encarnacion

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSUE ENCARNACION…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jun 11, 2015

2015 N.Y. Slip Op. 76572 (N.Y. App. Div. 2015)

Opinion

KA 14-01242 KA 15-00393 Indictment No: 85-1017

06-11-2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSUE ENCARNACION, DEFENDANT-APPELLANT.

SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved to vacate the dismissal of the appeal taken from an order of Supreme Court, Erie County entered June 10, 2014, and for other relief,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated May 22, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that the appeal is perfected on or before September 9, 2015, and

It is further ORDERED that the appeals from the order of Supreme Court, Erie County entered June 10, 2014 and the order of Supreme Court, Erie County entered February 9, 2015 may be consolidated for the purposes of perfecting and arguing the appeals.

Entered: June 11, 2015

Frances E. Cafarell, Clerk