Opinion
Motion No: KA 11-01722 Indictment No: 2005-0472
09-26-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BRIAN T. SMITH, DEFENDANT-APPELLANT.
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County rendered February 28, 2006, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated August 18, 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