| THE PEOPLE V ALBERT M. BECKARY Indictment No: 5773 |
| Motion No: KA 08-02004 |
| Slip Opinion No: 2010 NY Slip Op 69101(U) |
| Decided on April 15, 2010 |
| 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 08-02004
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ALBERT M.
BECKARY, DEFENDANT-APPELLANT. Indictment No: 5773 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered July 25, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq., sworn to March 22, 2010, the notice of motion with proof of service thereof, the affidavit of Brian Shiffrin, Esq., sworn to March 25, 2010, the statement of Albert M. Beckary, dated February 25, 2010, and the affirmation of Herman Kaufman, Esq., dated March 29, 2010, 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 July 14, 2010.
Entered: April 15, 2010
Patricia L. Morgan, Clerk