| THE PEOPLE V TIMOTHY ENGLANT |
| Motion No: KA 12-01510 |
| Slip Opinion No: 2012 NY Slip Op 83354(U) |
| Decided on September 4, 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 12-01510
Indictment No: 09-80
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V TIMOTHY ENGLANT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Orleans County Court, entered May 8, 2012, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated August 14, 2012, the notice of motion with proof of service thereof, and the notice of cross-motion with proof of service thereof, the affidavit of Geffrey Gismondi, Esq. sworn to August 23, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before November 5, 2012, and
It is further ORDERED that the cross-motion is dismissed as unnecessary.
Entered: September 4, 2012
Frances E. Cafarell, Clerk