| THE PEOPLE V DAIN OSTERTAG KILIAN Indictment No: 7489 |
| Motion No: KA 17-00888 |
| Slip Opinion No: 2017 NY Slip Op 77693(U) |
| Decided on June 15, 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 17-00888
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAIN
OSTERTAG KILIAN, DEFENDANT-APPELLANT. Indictment No: 7489 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered March 31, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Vincent A. Hemming, Esq. sworn to May 11, 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: June 15, 2017
Frances E. Cafarell, Clerk