THE PEOPLE V RODNEY M. NEWMAN
Motion No: KA 10-02037
Slip Opinion No: 2010 NY Slip Op 85599(U)
Decided on October 18, 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.


October 18, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

KA 10-02037
Indictment No: 09-65

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RODNEY M. NEWMAN, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered July 12, 2010, 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 October 4, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Michael S. Deal, Esq. sworn to October 7, 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 January 18, 2011.

Entered: October 18, 2010

Patricia L. Morgan, Clerk