| THE PEOPLE V SEAN BEARDEN SCI No: 01564/04 |
| Motion No: KA 05-02516 |
| Slip Opinion No: 2012 NY Slip Op 82985(U) |
| Decided on August 29, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 05-02516
| THE PEOPLE OF THE STATE OF NEW YORK,
PLAINTIFF-RESPONDENT, V SEAN BEARDEN, DEFENDANT-APPELLANT. SCI No: 01564/04 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered March 11, 2005, 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 August 14, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Memorandum: The notice of appeal is timely filed pursuant to the order of this Court entered February 21, 2006.
Entered: August 29, 2012
Frances E. Cafarell, Clerk