| THE PEOPLE V JAMES WELLER |
| Motion No: KA 12-01038 |
| Slip Opinion No: 2012 NY Slip Op 76731(U) |
| Decided on June 21, 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 12-01038
Indictment No: 2007-0131
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES
WELLER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered April 23, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David Panepinto, Esq. sworn to June 5, 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: June 21, 2012
Frances E. Cafarell, Clerk