| THE PEOPLE V MICHAEL IVEY, JR. |
| Motion No: KA 16-01675 |
| Slip Opinion No: 2016 NY Slip Op 88364(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. |
KA 16-01675
Indictment No: 2012-078
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL
IVEY, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered December 3, 2012, 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 there being no opposition thereto,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed.
Entered: October 11, 2016
Frances E. Cafarell, Clerk