| THE PEOPLE V JOSE A. CAPO Indictment No: 7434 |
| Motion No: KA 17-01037 |
| Slip Opinion No: 2018 NY Slip Op 67257(U) |
| Decided on March 19, 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. |
KA 17-01037
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE A.
CAPO, DEFENDANT-APPELLANT. Indictment No: 7434 |
Respondent having moved to dismiss the appeal taken from a judgment of the Wyoming County Court, rendered January 20, 2016, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Flaherty, Jr., Esq. sworn to February 13, 2018, 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 19, 2018
Mark W. Bennett, Clerk