| THE PEOPLE V BRIAN T. SMITH |
| Motion No: KA 11-01722 |
| Slip Opinion No: 2011 NY Slip Op 85238(U) |
| Decided on September 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. |
KA 11-01722
Indictment No: 2005-0472
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRIAN T.
SMITH, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Monroe County rendered February 28, 2006, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Nicole M. Fantigrossi, Esq. dated August 18, 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 26, 2011
Patricia L. Morgan, Clerk