| THE PEOPLE V MARC MCCABE Indictment No: 8899 |
| Motion No: KA 15-01606 |
| Slip Opinion No: 2015 NY Slip Op 86891(U) |
| Decided on October 6, 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 15-01606
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARC MCCABE,
DEFENDANT-APPELLANT. Indictment No: 8899 |
Respondent having moved to dismiss the appeal taken from an order of the Orleans County Court, dated June 4, 2015, and entered June 8, 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 September 21, 2015, the notice of motion with proof of service thereof, the affirmation of Bridget L. Field, Esq. dated October 1, 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 7, 2015.
Entered: October 6, 2015
Frances E. Cafarell, Clerk