| THE PEOPLE V DEREK A. AVERY |
| Motion No: KA 11-02288 |
| Slip Opinion No: 2011 NY Slip Op 93431(U) |
| Decided on December 14, 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 11-02288
SCI No: 2010-170W
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DEREK A.
AVERY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered November 3, 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 November 15, 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: December 14, 2011
Patricia L. Morgan, Clerk