Opinion
Motion No: KA 12-02279 Indictment No: 2009-2861S
01-04-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CRAIG WHALEN, DEFENDANT-APPELLANT.
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered July 12, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David R. Panepinto, Esq. sworn to December 10, 2012, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Frances E. Cafarell, Clerk