Opinion
Motion No: KA 11-01640 Indictment No: 10-97
08-31-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TYLER J. SMITH, DEFENDANT-APPELLANT.
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered May 31, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated August 15, 2011, 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, and the appeal is dismissed.
Patricia L. Morgan, Clerk