THE PEOPLE V ARTHUR F. TOMLINSON
Motion No: KA 13-00226
Slip Opinion No: 2013 NY Slip Op 70778(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.


April 16, 2013

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 13-00226
SCI No: 12-DI-077

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ARTHUR F. TOMLINSON, DEFENDANT-APPELLANT.


Respondent having moved for reargument and reconsideration of the order of this Court entered February 26, 2013,

Now, upon reading and filing the affirmation of Heather Parker Hines, Esq. dated March 13, 2013, the affidavit of Stefanie Lang sworn to March 13, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Although the People's motion is denied, we note that defendant has failed to file a timely notice of appeal.

Entered: April 16, 2013

Frances E. Cafarell, Clerk