| THE PEOPLE V ERNEST L. QUIGLEY, JR. |
| Motion No: KA 11-00083 |
| Slip Opinion No: 2011 NY Slip Op 62475(U) |
| Decided on January 26, 2011 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 11-00083
SCI No: 04-79
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERNEST L.
QUIGLEY, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Seneca County Court, dated March 21, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Barry L. Porsch, Esq. dated January 8, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed.
Memorandum: There is no statutory authority, by right or by permission, to appeal to this Court from such an order. Absent such a statute, the order of County Court is not appealable (see generally People v Laing, 79 NY2d 166, 170 [1992]).
Entered: January 26, 2011
Patricia L. Morgan, Clerk