People v Gilmane, Anthony
Motion No: 2011-02305
Slip Opinion No: 2012 NY Slip Op 74480(U)
Decided on May 25, 2012
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M138292

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-02305

The People, etc., respondent,

v Anthony Gilmane, appellant.

(Ind. No. 170/95)

DECISION & ORDER ON MOTION

Appeal by Anthony Gilmane from an order of the County Court, Dutchess County, dated July 19, 2010.

On the Court's own motion, it is

ORDERED that the notice of appeal from the order dated July 19, 2010, is deemed to be a premature notice of appeal from an order of the County Court, Dutchess County, dated October 24, 2011 (see CPL 460.10 [6]); and it is further,

ORDERED that the appellant's brief is stricken and on or before July 24, 2012, the appellant shall serve and file a replacement brief; and it is further,

ORDERED that the respondent shall serve and file a brief on or before September 24, 2012.

MASTRO, A.P.J., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court