| THE PEOPLE V RYAN J. BORDNER Indictment No: 6347 |
| Motion No: KA 12-00619 |
| Slip Opinion No: 2012 NY Slip Op 70643(U) |
| Decided on April 17, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-00619
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RYAN J.
BORDNER, DEFENDANT-APPELLANT. Indictment No: 6347 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court rendered July 14, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn to March 30, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely serve the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: April 17, 2012
Frances E. Cafarell, Clerk