THE PEOPLE V BRYAN VAIL SCI No: 29235
Motion No: KA 12-01332
Slip Opinion No: 2012 NY Slip Op 81618(U)
Decided on August 6, 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.


August 6, 2012

KA 12-01332
Indictment No: 2007-02553 and

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRYAN VAIL, DEFENDANT-APPELLANT.

SCI No: 29235


Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered March 18, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of David R. Panepinto, Esq. sworn to July 20, 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: August 6, 2012

Frances E. Cafarell, Clerk