| THE PEOPLE V NICOLAS WEATHINGTON |
| Motion No: KA 14-00782 |
| Slip Opinion No: 2014 NY Slip Op 72869(U) |
| Decided on May 21, 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 14-00782
Indictment No. 2012-00349
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V NICOLAS WEATHINGTON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered January 10, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Donna A. Milling, Esq. sworn to April 23, 2014, the notice of motion with proof of service thereof, the affidavit of Stephen M. Hughes, Esq. sworn to May 9, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before August 19, 2014 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.
Entered: May 21, 2014
Frances E. Cafarell, Clerk