Opinion
Motion No: KA 13-00055 SCI No: 34278
01-29-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. STEVEN TALLEY, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered July 11, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David Panepinto, Esq. sworn to January 8, 2013, the notice of motion with proof of service thereof, the affirmation of Robert J. Cutting, Esq. dated January 23, 2013, 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 April 1, 2013.
Frances E. Cafarell, Clerk