| THE PEOPLE V ARTHUR EVERETT |
| Motion No: KA 12-01446 |
| Slip Opinion No: 2012 NY Slip Op 82265(U) |
| Decided on August 20, 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 12-01446
Indictment No: 2008-01961D
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ARTHUR EVERETT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered October 20, 2009, 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 August 7, 2012, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely filed and served the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: August 20, 2012
Frances E. Cafarell, Clerk