Opinion
KA 13-01507 Indictment No: 1998-03053
09-09-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PATRICE SMITH, 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 November 7, 2011, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to August 22, 2013, the notice of motion with proof of service thereof, the affidavit of Patrice Louise Smith sworn to September 2, 2013, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon, and,
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 December 9, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Frances E. Cafarell, Clerk