| THE PEOPLE V TODD R. HEATLEY |
| Motion No: KA 12-02392 |
| Slip Opinion No: 2013 NY Slip Op 60926(U) |
| Decided on January 9, 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 12-02392
Indictment No: 2009-2838
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V TODD R. HEATLEY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered November 9, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Nicholas T. Texido, Esq. sworn to December 20, 2012, the notice of motion with proof of service thereof, the affirmation of David M. Abbatoy, Jr., Esq. dated January 4, 2013, 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 March 11, 2013.
Entered: January 9, 2013
Frances E. Cafarell, Clerk