| THE PEOPLE V JERAD STALKER |
| Motion No: KA 13-00264 |
| Slip Opinion No: 2013 NY Slip Op 74546(U) |
| Decided on May 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 13-00264
Indictment No: 12-44
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JERAD STALKER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered January 14, 2013, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated April 17, 2013, the notice of motion with proof of service thereof, the statement of Kevin K. McKain, Esq. dated April 19, 2013, the affirmation of Kevin McKain, Esq., dated April 22, 2013, the notice of cross motion with proof of service there of, and due deliberation having been had thereon, and,
It is hereby ORDERED that the notice of appeal dated January 15, 2013 which was served upon the Orleans District Attorney's Office on February 15, 2013 is hereby deemed timely served (see CPL 460.10 [6]), and
It is further ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 14, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: May 16, 2013
Frances E. Cafarell, Clerk