| THE PEOPLE V DWAYNE FERGUSON |
| Motion No: KA 13-00127 |
| Slip Opinion No: 2013 NY Slip Op 63941(U) |
| Decided on February 6, 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. |
KA 13-00127
Indictment No: 2009-03271
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DWAYNE FERGUSON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered December 3, 2010, 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 17, 2013, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: February 6, 2013
Frances E. Cafarell, Clerk