| PEOPLE V JOSEPH M. SANTORO |
| Motion No: KA 08-00444 |
| Slip Opinion No: 2008 NYSlipOp 69803(U) |
| Decided on April 11, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
KA 08-00444
SCI No: 05-S-02
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH M.
SANTORO, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court entered in the Office of the Clerk of the County of Orleans on December 6, 2007, on the ground that appellant has failed to timely serve the notice of appeal.
Now, upon reading and filing the affirmation of Joseph Cardone dated March 14, 2008, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be and the same hereby is denied.
Memorandum: The notice of appeal filed and served on January 4, 2008 is timely (see Correction Law § 168-n [3]; CPLR 5513 [d]).
Entered: April 11, 2008
JoAnn M. Wahl, Clerk