THE PEOPLE V MICHAEL J. REGATUSO THE PEOPLE V MICHAEL J. REGATUSO, II
Motion No: KA 15-01365
Slip Opinion No: 2015 NY Slip Op 83279(U)
Decided on August 31, 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.


August 31, 2015

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

KA 15-01365
Indictment No: 7129-2014
KA 15-01366
Indictment No: 7037-2014

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL J. REGATUSO, DEFENDANT-APPELLANT.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL J. REGATUSO, II, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from judgments of the Wyoming County Court, rendered May 13, 2015, on the ground that appellant has failed to perfect timely the appeals, and appellant having cross-moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn to August 11, 2015, the notice of motion with proof of service thereof, the affirmation of Lawrence L. Kasperek, Esq. filed August 19, 2015, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before November 30, 2015, and,

It is further ORDERED that the cross motion is dismissed as untimely (see NYCRR 1000.13 [a] [3]) and unnecessary.

Entered: August 31, 2015

Frances E. Cafarell, Clerk