THE PEOPLE V JUSTIN CROUSE
Motion No: KA 14-01579
Slip Opinion No: 2016 NY Slip Op 76055(U)
Decided on June 6, 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.


June 6, 2016

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

KA 14-01579
Indictment No: 2013-0421

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JUSTIN CROUSE, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered September 6, 2013, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Nicholas T. Texido, Esq. sworn to May 24, 2016, the notice of motion with proof of service thereof, the affidavit of Michael J. Stachowski, Esq. Sworn to May 27, 2016, 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 September 6, 2016.

Entered: June 6, 2016

Frances E. Cafarell, Clerk