| THE PEOPLE V PATRICE SMITH |
| Motion No: KA 13-01507 |
| Slip Opinion No: 2013 NY Slip Op 84952(U) |
| Decided on September 9, 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 13-01507
Indictment No: 1998-03053
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V PATRICE SMITH, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered November 7, 2011, 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 affidavit of Ashley R. Small, Esq. sworn to August 22, 2013, the notice of motion with proof of service thereof, the affidavit of Patrice Louise Smith sworn to September 2, 2013, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon, and,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 9, 2013, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: September 9, 2013
Frances E. Cafarell, Clerk