| Motion No: |
| Slip Opinion No: 2017 NY Slip Op 67597(U) |
| Decided on March 13, 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. |
KA 17-00418
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V
DAVID P. PERRY, SR., DEFENDANT-APPELLANT.
Indictment No: 16-31
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered December 13, 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 February 21, 2017, 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: March 13, 2017
Frances E. Cafarell, Clerk