THE PEOPLE V MICHELE A. CASE Indictment No: 5474
Motion No: KA 13-00680
Slip Opinion No: 2014 NY Slip Op 71510(U)
Decided on May 5, 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.


May 5, 2014

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY AND DEJOSEPH, JJ.

KA 13-00680

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHELE A. CASE, DEFENDANT-APPELLANT.

Indictment No: 5474


Counsel for appellant having moved to dismiss the appeal taken from an amended judgment of the Genesee County Court, rendered March 6, 2013, on the ground that the appeal is moot,

Now, upon reading and filing the affidavit of Nicholas P. DiFonzo, Esq. sworn to April 21, 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 granted, and the appeal is dismissed as moot, and

It is further ORDERED that the appeal shall be removed from the day calendar for May 19, 2014.

Entered: May 5, 2014

Frances E. Cafarell, Clerk