THE PEOPLE V RYAN J. ADKINS
Motion No: KA 17-00151
Slip Opinion No: 2017 NY Slip Op 63798(U)
Decided on February 8, 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.


February 8, 2017

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

KA 17-00151
Indictment No: 16-20

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RYAN J. ADKINS, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered November 7, 2016, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Joseph V. Cardone, Esq. dated January 16, 2017, the notice of motion with proof of service thereof, the statement of Brian P. Degnan, Esq. dated January 23, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to renewal of said motion on or before May 9, 2017 or following the determination by this Court of an application to proceed as a poor person and for assignment of counsel.

Entered: February 8, 2017

Frances E. Cafarell, Clerk