THE PEOPLE V JAMES G. FARLEY SCI No: 2007-371
Motion No: KA 18-01416
Slip Opinion No: 2018 NY Slip Op 83538(U)
Decided on September 7, 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.


September 7, 2018

KA 18-01416

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMES G. FARLEY, DEFENDANT-APPELLANT.

SCI No: 2007-371


Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered November 13, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Laura T. Jordan, Esq., sworn to July 27, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the notice of appeal dated November 19, 2007 which inaccurately lists indictment number 2007-371shall be treated as valid as to the judgment of Niagara County Court rendered November 13, 2007 for SCI number 2007-371 pursuant to CPL 460.10(6), and

It is further ORDERED that the motion is granted, and the appeal is dismissed.

Entered: September 7, 2018

Mark W. Bennett, Clerk