| THE PEOPLE V JOHN M. PENDERGRASS |
| Motion No: KA 11-01997 |
| Slip Opinion No: 2011 NY Slip Op 88090(U) |
| Decided on October 25, 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 11-01997
Indictment No: 01-54
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN M.
PENDERGRASS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered July 11, 2011, 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 October 3, 2011, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: October 25, 2011
Patricia L. Morgan, Clerk