THE PEOPLE V DAVID DIAZ
Motion No: 14-60
Slip Opinion No: 2015 NY Slip Op 90293(U)
Decided on November 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.


November 9, 2015


THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT
v
DAVID R. DIAZ JR. DEFENDANT-APPELLANT


Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered July 7, 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 October 21, 2015, the notice of motion with proof of service thereof, and there being no opposition thereto,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed.

Entered: November 9, 2015

Frances E. Cafarell, Clerk