| THE PEOPLE V GREGORY P. FAREWELL |
| Motion No: KA 11-00494 |
| Slip Opinion No: 2012 NY Slip Op 89688(U) |
| Decided on November 5, 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 11-00494
Indictment No: 10-15
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V GREGORY P. FAREWELL, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered November 29, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated October 18, 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 dismissed as unnecessary.
Memorandum: Absent proof that the pro se notice of appeal dated April 14, 2011, was timely filed at the Orleans County Clerk's Office, there is no appeal pending.
Entered: November 5, 2012
Frances E. Cafarell, Clerk