| THE PEOPLE V ROBERT A. ABERNATHY |
| Motion No: KA 11-02081 |
| Slip Opinion No: 2011 NY Slip Op 90553(U) |
| Decided on November 18, 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 11-02081
SCI No: 2007-306
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT A.
ABERNATHY, DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Niagara County Court, rendered August 31, 2007,
Now, upon reading and filing the affidavit of Robert Abernathy sworn to October 3, 2011, the notice of motion with proof of service thereof, the statement of Thomas H. Brandt, Esq. dated October 26, 2011, the affirmation of Victor J. Orzechowski, Esq. dated October 28, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely.
Entered: November 18, 2011
Patricia L. Morgan, Clerk