| THE PEOPLE V THOMAS RAFFERTY |
| Motion No: KA 18-01621 |
| Slip Opinion No: 2018 NY Slip Op 90977(U) |
| Decided on September 21, 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 18-01621
Indictment No: 16-01-045
| THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V THOMAS RAFFERTY,
DEFENDANT-RESPONDENT. |
Defendant-respondent having moved to dismiss the appeal taken from the order of Ontario County Court, dated June 4, 2018, on the ground that appellant has failed to perfect timely the appeal, and for other relief, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Thomas A. Rafferty sworn to August 27, 2018, and the affirmation of Jeffrey R. Friesen, Esq. dated September 7, 2018, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion of defendant-respondent insofar as it seeks a dismissal of the appeal is granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before November 20, 2018, and
It is further ORDERED that the motion of defendant-respondent is otherwise dismissed as premature, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: September 21, 2018
Mark W. Bennett, Clerk