Opinion
KA 14-00049 Indictment No: 13-30
01-27-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT W. TETRAULT, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent having moved to dismiss the appeal taken from a judgment of Orleans County Court, rendered October 21, 2013, 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 January 8, 2014, the notice of motion with proof of service thereof, the affirmation of Sanford A. Church, Esq. dated January 21, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before April 28, 2014 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Frances E. Cafarell, Clerk