| THE PEOPLE V KEVIN KELLY |
| Motion No: KA 13-01132 |
| Slip Opinion No: 2014 NY Slip Op 70160(U) |
| Decided on April 22, 2014 |
| 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 April 3, 2014, 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 as unnecessary inasmuch as the Oneida County District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Entered: April 22, 2014
Frances E. Cafarell, Clerk