| People of State of New York v Gregory Boyle |
| Motion No: 2014-02042 ORCR |
| Slip Opinion No: 2014 NY Slip Op 93573(U) |
| Decided on December 17, 2014 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
ANTHONY MARANO
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Gregory Boyle, Respondent. |
Appeal from an oral order of the Justice Court of the Town of New Windsor, Orange County, made on January 14, 2014. The notice of appeal was filed on or after June 10, 2014. By order to show cause dated October 7, 2014, the parties were directed to show cause before this court why the above-entitled appeal should or should not be dismissed as untimely on the ground that the notice of appeal was not filed within 30 days of the making of the oral order (see People v Elmer, 19 NY3d 501, 508-509 [2012]; CPL 460.10).
Now, on the order to show cause and the papers filed by appellant in opposition thereto, it is
ORDERED that the appeal is dismissed as untimely (see People v Elmer, 98 AD3d 810 [2012]).
ENTER:
Paul Kenny
Chief Clerk