Opinion
Motion No: KA 11-00278 Indictment No: 2009-01087
10-19-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEMARIO QUINN, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered October 6, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to October 3, 2011, the notice of motion with proof of service thereof, the affidavit of Demario Quinn sworn to October 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before January 18, 2012.
Patricia L. Morgan, Clerk