| THE PEOPLE V EARL STONE |
| Motion No: KA 14-02031 |
| Slip Opinion No: 2015 NY Slip Op 65856(U) |
| Decided on March 2, 2015 |
| 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
KA 14-02031
Indictment Nos: 94-0719-T01 and
94-1370-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EARL STONE,
DEFENDANT-APPELLANT. |
Defendant having moved for an order granting summary judgment for the application pursuant to CPL 460.15 seeking permission to appeal from the order of Erie County Court, dated September 24, 2014, and other relief,
Now, upon reading and filing the affidavit of Earl Stone sworn to January 15, 2015, the statement of Earl Stone dated February 12, 2015, the notice of motion with proof of service thereof, the statement of Nicholas T. Texido, Esq. dated February 6, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot.
Entered: March 2, 2015
Frances E. Cafarell, Clerk