| THE PEOPLE V JOHN DUFFY SCI No: 30787 |
| Motion No: KA 11-00626 |
| Slip Opinion No: 2011 NY Slip Op 70016(U) |
| Decided on April 12, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00626
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN DUFFY,
DEFENDANT-APPELLANT. SCI No: 30787 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered April 2, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Douglas A. Goerss sworn to March 24, 2011, the notice of motion with proof of service thereof, the affidavit of John Duffy sworn to March 30, 2011, 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 11, 2011.
Entered: April 12, 2011
Patricia L. Morgan, Clerk