| THE PEOPLE V STEVEN TALLEY SCI No: 34278 |
| Motion No: KA 13-00055 |
| Slip Opinion No: 2013 NY Slip Op 63196(U) |
| Decided on January 29, 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 13-00055
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V STEVEN TALLEY, DEFENDANT-APPELLANT. SCI No: 34278 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered July 11, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David Panepinto, Esq. sworn to January 8, 2013, the notice of motion with proof of service thereof, the affirmation of Robert J. Cutting, Esq. dated January 23, 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 April 1, 2013.
Entered: January 29, 2013
Frances E. Cafarell, Clerk