Opinion
KA 09-01272 SCI No: 08-173
07-26-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ELVIRA M. PUSKAR, DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered December 8, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Steven G. Cox, Esq. sworn to July 12, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated July 3, 2009 which inaccurately lists indictment number 08-173 shall be treated as valid as to the judgment of Oneida County Court rendered December 8, 2008 for SCI number 08-173 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: July 26, 2016
Frances E. Cafarell, Clerk