THE PEOPLE V MARINO PADILLA
Motion No: KA 14-01507
Slip Opinion No: 2017 NY Slip Op 61467(U)
Decided on January 19, 2017
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.


January 19, 2017

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

KA 14-01507
Indictment No: 2012-239

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MARINO PADILLA, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Cayuga County Court, rendered May 14, 2013,

Now, upon reading and filing the affidavit of Mario J. Gutierrez, Esq. sworn to December 20, 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 granted, on the condition that the appeal is perfected on or before February 3, 2017.

Entered: January 19, 2017

Frances E. Cafarell, Clerk