| THE PEOPLE V JUSTIN J. DANTUONO |
| Motion No: KA 16-00876 |
| Slip Opinion No: 2016 NY Slip Op 76097(U) |
| Decided on June 8, 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 16-00876
SCI No: 2007-519-V
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JUSTIN J.
DANTUONO, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered May 15, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Laura T. Bittner, Esq. sworn to May 20, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal filed in the Niagara County Clerk's Office on May 21, 2009 which inaccurately lists indictment no. 2007-519 shall be treated as valid as to the judgment rendered May 15, 2009 for SCI 2007-519-V, pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is granted, and the appeal is dismissed.
Entered: June 8, 2016
Frances E. Cafarell, Clerk