THE PEOPLE V IVAN BORGYAN
Motion No: KA 12-02008
Slip Opinion No: 2012 NY Slip Op 91059(U)
Decided on November 21, 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.


November 21, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 12-02008
Indictment No: 12-23

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

IVAN BORGYAN, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered August 20, 2012, 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 25, 2012, the notice of motion with proof of service thereof, the statement of Ivan Borgyan filed on November 15, 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 January 22, 2013.

Entered: November 21, 2012

Frances E. Cafarell, Clerk