| THE PEOPLE V MICHAEL J. STACK, ALSO KNOWN AS MICHAEL STACK, ALSO KNOWN AS MICHAEL J. STACK, JR. |
| Motion No: KA 16-01058 |
| Slip Opinion No: 2016 NY Slip Op 80295(U) |
| Decided on July 14, 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 16-01058
SCI No: 14-106
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL J. STACK,
ALSO KNOWN AS MICHAEL STACK, ALSO KNOWN AS MICHAEL J. STACK, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Genesee County Court rendered January 30, 2015, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of William G. Zickl, Esq. dated June 15, 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 served a notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: July 14, 2016
Frances E. Cafarell, Clerk