| RESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. THE PEOPLE V QUENTIN V. SCI No: 24541 |
| Motion No: KA 11-02305 |
| Slip Opinion No: 2011 NY Slip Op 91867(U) |
| Decided on December 5, 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 11-02305
| RESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. THE
PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V QUENTIN V., DEFENDANT-APPELLANT. SCI No: 24541 |
Respondent having moved to dismiss the appeal taken from an adjudication of the Erie County Court, rendered February 7, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to November 16, 2011, the notice of motion with proof of service thereof, the statement of Quentin Virgil dated November 21, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: December 5, 2011
Patricia L. Morgan, Clerk