THE PEOPLE V HEATH E. JUNE
Motion No: KA 15-02093
Slip Opinion No: 2016 NY Slip Op 62011(U)
Decided on January 15, 2016
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.


January 15, 2016

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

KA 15-02093
Indictment No: 13C-183

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HEATH E. JUNE, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from an order of the Oswego County Court, dated March 10, 2014,

Now, upon reading and filing the affirmations of Richard L. Sullivan, Esq. dated December 9, 2015 and January 8, 2016, the affidavit of Heath June sworn to November 10, 2015, the notice of motion with proof of service thereof, the statement of Courtney E. Haviland, Esq. dated December 18, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal dated March 24, 2014 is hereby deemed timely served pursuant to CPLR 5520(a), and

It is further ORDERED that the motion is granted, on the condition that the appeal is perfected on or before April 14, 2016.

Entered: January 15, 2016

Frances E. Cafarell, Clerk