THE PEOPLE V JOHN BELMONTE
Motion No: KA 11-01811
Slip Opinion No: 2011 NY Slip Op 84411(U)
Decided on September 20, 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.


September 20, 2011

KA 11-01811
Indictment No: 2007-342

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN BELMONTE, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered August 2, 2010, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Michael D. McCartney, Esq. sworn to September 1, 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 granted, and the appeal is dismissed.

Entered: September 20, 2011

Patricia L. Morgan, Clerk