| THE PEOPLE V JOSHUA D. MAHLEY |
| Motion No: KA 11-00593 |
| Slip Opinion No: 2011 NY Slip Op 70498(U) |
| Decided on April 15, 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 11-00593
Indictment No: 10-46
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSHUA D.
MAHLEY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered December 20, 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 March 21, 2011, the notice of motion with proof of service thereof, the affidavit of Joshua D. Mahley, sworn to April 1, 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 15, 2011.
Entered: April 15, 2011
Patricia L. Morgan, Clerk