| THE PEOPLE V KEVIN KELLY |
| Motion No: KA 13-01132 |
| Slip Opinion No: 2013 NY Slip Op 90570(U) |
| Decided on November 4, 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 13-01132
Indictment No: I12-051
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V KEVIN KELLY, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered June 1, 2012,
Now, upon reading and filing the affidavit of Kevin M. Kelly sworn to October 17, 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 dismissed.
Memorandum: Absent proof that defendant timely filed a notice of appeal pursuant to the order of this Court entered July 24, 2013, there is no appeal pending.
Entered: November 4, 2013
Frances E. Cafarell, Clerk