Opinion
January 13, 1960
Motion held. The papers indicate that the appeal was not timely taken but the matter has not been clearly presented as there has been no motion by the District Attorney to dismiss the appeal. The motion before us is held until March 1, 1960, to give the District Attorney an opportunity to move to dismiss the appeal or to take such other action as he may be advised. (See People v. Stottlemeyer, 9 A.D.2d 1022.)