| THE PEOPLE V GREGORY P. FAREWELL THE PEOPLE V GREGORY P. FAREWELL |
| Motion No: KA 11-00284 |
| Slip Opinion No: 2013 NY Slip Op 66518(U) |
| Decided on February 28, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 11-00284
Indictment No: 10-40
KA 11-00494
Indictment No: 10-15
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V GREGORY P. FAREWELL, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V GREGORY P.
FAREWELL, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Orleans County Court, rendered November 29, 2010 (KA 11-00284), and for other relief,
Now, upon reading and filing the affidavit of Gregory P. Farewell sworn to January 2, 2013, the notice of motion with proof of service thereof, the affirmation of Joseph V. Cardone, Esq. dated January 23, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice.
Memorandum: A motion to vacate the dismissal of an appeal must include an affidavit setting forth sufficient facts to demonstrate a meritorious appeal, as well as a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time (22 NYCRR 1000.13[g]). Defendant has failed to establish that a notice of appeal relating to indictment 10-15 has been timely filed and served.
Entered: February 28, 2013
Frances E. Cafarell, Clerk