| THE PEOPLE V DAVID A. PHELPS |
| Motion No: KA 18-01666 |
| Slip Opinion No: 2018 NY Slip Op 90882(U) |
| Decided on October 16, 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 18-01666
Indictment No: 2002-463
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID A.
PHELPS, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered September 26, 2003, 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 September 4, 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: October 16, 2018
Mark W. Bennett, Clerk