| THE PEOPLE V MATTHEW H. HOLMES |
| Motion No: KA 16-01660 |
| Slip Opinion No: 2016 NY Slip Op 88360(U) |
| Decided on October 11, 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 16-01660
SCI No: T09-100
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MATTHEW H.
HOLMES, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered August 23, 2011, 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 September 16, 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: Because defendant did not timely file and serve the notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: October 11, 2016
Frances E. Cafarell, Clerk