THE PEOPLE V RICHARD A. DAVIS
Motion No: KA 17-02061
Slip Opinion No: 2018 NY Slip Op 69487(U)
Decided on April 9, 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.


April 9, 2018

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

KA 17-02061
Indictment No: 06-01050

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RICHARD A. DAVIS, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from an order of Supreme Court, Erie County, entered April 11, 2017,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated March 21, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 26, 2018, 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 July 9, 2018.

Entered: April 9, 2018

Mark W. Bennett, Clerk