| THE PEOPLE V JOSUE ENCARNACION |
| Motion No: KA 14-01242 and KA 15-00393 |
| Slip Opinion No: 2015 NY Slip Op 76572(U) |
| Decided on June 11, 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 14-01242 and KA 15-00393
Indictment No: 85-1017
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSUE
ENCARNACION, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from an order of Supreme Court, Erie County entered June 10, 2014, and for other relief,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated May 22, 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 granted, on the condition that the appeal is perfected on or before September 9, 2015, and
It is further ORDERED that the appeals from the order of Supreme Court, Erie County entered June 10, 2014 and the order of Supreme Court, Erie County entered February 9, 2015 may be consolidated for the purposes of perfecting and arguing the appeals.
Entered: June 11, 2015
Frances E. Cafarell, Clerk