| THE PEOPLE V ART W. SWAIN, JR. |
| Motion No: KA 11-00630 |
| Slip Opinion No: 2014 NY Slip Op 77076(U) |
| Decided on June 26, 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 11-00630
Indictment No: 2010-0580
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ART W. SWAIN, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered January 12, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ashley Small, Esq. sworn to June 6, 2014, the notice of motion with proof of service thereof, the affidavit of Art Swain, Jr. sworn to June 14, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Defendant's appeal was dismissed when he failed to perfect his appeal pursuant to a prior order of this Court.
Entered: June 26, 2014
Frances E. Cafarell, Clerk