| THE PEOPLE V MICHAEL N. BONAVITO SCI No: 35945 |
| Motion No: KA 13-00614 |
| Slip Opinion No: 2013 NY Slip Op 70771(U) |
| Decided on April 16, 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 13-00614
Indictment No: 2011-1807X and
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MICHAEL N. BONAVITO, DEFENDANT-APPELLANT. SCI No: 35945 |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered November 1, 2012,
Now, upon reading and filing the affidavit of Andrew C. LoTempio, Esq. sworn to April 2, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated April 5, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary inasmuch as the Erie County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Entered: April 16, 2013
Frances E. Cafarell, Clerk