THE PEOPLE V MICHAEL H. TOWER
Motion No: KA 12-00740
Slip Opinion No: 2012 NY Slip Op 74126(U)
Decided on May 15, 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.


May 15, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 12-00740
Indictment No: 10-105

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL H. TOWER, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered February 6, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated April 20, 2012, the notice of motion with proof of service thereof, the statement of David R. Morabito, Esq. dated April 27, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 16, 2012.

Entered: May 15, 2012

Frances E. Cafarell, Clerk