| THE PEOPLE V JAMES H. POWLESS |
| Motion No: KA 08-01751 |
| Slip Opinion No: 2008 NYSlipOp 82322(U) |
| Decided on September 8, 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 08-01751
Indictment No: 00-83
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES H.
POWLESS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered June 2, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, dated August 14, 2008, the notice of motion with proof of service thereof, the opposing affidavit of James Powless, sworn to August 25, 2008,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 8, 2008.
Entered: September 8, 2008
JoAnn M. Wahl, Clerk