People of State of New York v Jose Zelaya
Motion No: 2012-01537 scr
Slip Opinion No: 2012 NY Slip Op 83992(U)
Decided on September 6, 2012
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

JOHN R. LaCAVA, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2012-1537 S CR
The People of the State of New York, Respondent, v Jose Zelaya, Appellant.

Appeal by appellant from a judgment of the District Court of Suffolk County First District, rendered December 22, 2011. By order to show cause dated July 16, 2012, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal was untimely.

Upon the order to show cause and no papers having filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed as untimely (see CPL 460.10 [1] [a]).

ENTER:

Paul Kenny

Chief Clerk