| THE PEOPLE V BARRY WYZYKOWSKI SCI No: 30111 |
| Motion No: KA 13-01585 |
| Slip Opinion No: 2013 NY Slip Op 87113(U) |
| Decided on September 27, 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. |
KA 13-01585
Indictment No: 2008-00752 and
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BARRY WYZYKOWSKI, DEFENDANT-APPELLANT. SCI No: 30111 |
Respondent having moved to dismiss the appeal taken from a judgment of Supreme Court, Erie County rendered July 25, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley R. Small, Esq. sworn to September 6, 2013, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: September 27, 2013
Frances E. Cafarell, Clerk