| THE PEOPLE V BERNARD BROOKS |
| Motion No: KA 17-01960 |
| Slip Opinion No: 2018 NY Slip Op 84074(U) |
| Decided on September 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 17-01960
Indictment No: 01550-2015
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BERNARD BROOKS,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered March 27, 2017, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to August 17, 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, and the appeal is dismissed without further order unless the appeal is perfected on or before December 18, 2018.
Entered: September 19, 2018
Mark W. Bennett, Clerk