| THE PEOPLE V LUIS OLIVERO |
| Motion No: KA 14-01593 |
| Slip Opinion No: 2016 NY Slip Op 74616(U) |
| Decided on May 24, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 14-01593
Indictment No: 2013-00329 and SCI No: 37840
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LUIS OLIVERO,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered February 26, 2014, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Daniel J. Punch, Esq. sworn to May 9, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely filed his pro se notice of appeal in the Erie County Clerk's Office pursuant to CPL 460.10, there is no appeal pending.
Entered: May 24, 2016
Frances E. Cafarell, Clerk