| THE PEOPLE V KELLY COOMEY, ALSO KNOWN AS KELLY WALTS |
| Motion No: KA 15-00734 |
| Slip Opinion No: 2015 NY Slip Op 72366(U) |
| Decided on May 5, 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-00734
Indictment No: 2013-1132-1
| THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V KELLY
COOMEY, ALSO KNOWN AS KELLY WALTS, DEFENDANT-RESPONDENT. |
Defendant-respondent having moved to dismiss the appeal taken from an oral decision of the Onondaga County Court, dated April 25, 2014, on the ground that appellant has failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affidavit of Kelly D. Coomey sworn to April 16, 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 without prejudice to renewal upon the filing and serving of a dismissal motion including a copy of the order from which the appeal has been taken.
Entered: May 5, 2015
Frances E. Cafarell, Clerk