| THE PEOPLE V DANIEL M. FRITZ, II |
| Motion No: KA 11-02007 |
| Slip Opinion No: 2013 NY Slip Op 60880(U) |
| Decided on January 7, 2013 |
| 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 11-02007
Indictment No: 10-88
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DANIEL M. FRITZ, II, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered May 2, 2011, 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 December 13, 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.
Entered: January 7, 2013
Frances E. Cafarell, Clerk