| THE PEOPLE V MICHAEL A. NICOMETO ALSO KNOWN AS MICHAEL NICOMETO Indictment No: 5251 |
| Motion No: KA 11-00402 |
| Slip Opinion No: 2011 NY Slip Op 67736(U) |
| Decided on March 21, 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. |
KA 11-00402
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL A.
NICOMETO ALSO KNOWN AS MICHAEL NICOMETO, DEFENDANT-APPELLANT. Indictment No: 5251 |
Respondent having moved to dismiss the appeal taken from a judgment of the Genesee County Court, rendered February 16, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William G. Zickl, Esq. dated February 8, 2011, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: March 21, 2011
Patricia L. Morgan, Clerk