| THE PEOPLE V ANDREW P. SHUBERT |
| Motion No: KA 15-00893 |
| Slip Opinion No: 2015 NY Slip Op 75850(U) |
| Decided on June 9, 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 15-00893
Indictment No: 08-09
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANDREW P.
SHUBERT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Orleans County Court dated February 27, 2015 and entered March 4, 2015, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated May 12, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed in the Orleans County Clerk's Office on March 6, 2015, which inaccurately lists the order date as February 9, 2015 shall be treated as valid as to the order of Orleans County Court dated February 27, 2015 and entered March 4, 2015 pursuant to CPLR 5520 (c), and
It is further ORDERED that the motion is granted.
Entered: June 9, 2015
Frances E. Cafarell, Clerk