Opinion
KA 13-01132 Indictment No: I12-051
04-22-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KEVIN KELLY, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered June 1, 2012,
Now, upon reading and filing the affidavit of Kevin M. Kelly sworn to April 3, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary inasmuch as the Oneida County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Frances E. Cafarell, Clerk