THE PEOPLE V JAVELL FOX
Motion No: KA 13-01962
Slip Opinion No: 2015 NY Slip Op 72330(U)
Decided on May 1, 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.


May 1, 2015

PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 13-01962
Indictment No: 11-455

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAVELL FOX, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of Supreme Court, Oneida County dated September 20, 2013,

Now, upon reading and filing the affidavit of Javell Fox sworn to February 11, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as premature.

Memorandum: Absent proof that a notice of appeal was timely filed and served, there is no basis to conclude that an appeal has been taken.

Entered: May 1, 2015

Frances E. Cafarell, Clerk