THE PEOPLE V JOHN SEELEY PHILLIPS, JR.
Motion No: KA 18-00096
Slip Opinion No: 2018 NY Slip Op 64242(U)
Decided on February 15, 2018
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 15, 2018

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

KA 18-00096
Index No. 06-2805
Indictment No: 578-06

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN SEELEY PHILLIPS, JR., DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from a order of the Jefferson County Court, entered August 14, 2007,

Now, upon reading and filing the affidavit of John A. Cirando, Esq. Sworn to January 29, 2018, 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 May 16, 2018.

Entered: February 15, 2018

Mark W. Bennett, Clerk