| THE PEOPLE V ALDIN SUTKOVIC |
| Motion No: KA 05-00621 |
| Slip Opinion No: 2011 NY Slip Op 74362(U) |
| Decided on May 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 05-00621
Indictment No: 04-200
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ALDIN
SUTKOVIC, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered August 5, 2004, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Steven G. Cox, Esq. sworn to May 4, 2011, the notice of motion with proof of service thereof, the affirmation of Richard N. Bach, Esq., dated May 13, 2011, the notice of cross motion with proof of service there of, and due deliberation having been had thereon, and,
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 August 23, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: May 26, 2011
Patricia L. Morgan, Clerk