| THE PEOPLE V BRIAN T. SMITH |
| Motion No: KA 06-02415 |
| Slip Opinion No: 2012 NY Slip Op 69417(U) |
| Decided on April 4, 2012 |
| 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 06-02415
Indictment No: 2005-0813B
| 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 March 6, 2012, 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: April 4, 2012
Frances E. Cafarell, Clerk