| THE PEOPLE V DAVID DALE |
| Motion No: KA 12-02045 |
| Slip Opinion No: 2015 NY Slip Op 83260(U) |
| Decided on August 26, 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 12-02045
Indictment No: 2010-2579
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID DALE,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered October 3, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Donna A. Milling, Esq. sworn to August 10, 2015, the notice of motion with proof of service thereof, the opposing affidavit of David Dale sworn to August 21, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 28, 2015.
Entered: August 26, 2015
Frances E. Cafarell, Clerk