| THE PEOPLE V BRIAN GERENA |
| Motion No: KA 16-00639 |
| Slip Opinion No: 2018 NY Slip Op 82817(U) |
| Decided on August 31, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 16-00639
Indictment No: 2014-2131
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRIAN GERENA,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Erie County Court rendered March 28, 2016,
Now, upon reading and filing the affidavit of Michael J. Stachowski, Esq., sworn to August 8, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated August 14, 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 November 29, 2018.
Entered: August 31, 2018
Mark W. Bennett, Clerk