| THE PEOPLE V MICHAEL MILTON |
| Motion No: KA 17-01963 |
| Slip Opinion No: 2018 NY Slip Op 91199(U) |
| Decided on December 10, 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 17-01963
Indictment No: 02029-2015
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL MILTON,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Erie County, rendered March 3, 2017,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated November 1, 2018, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, dated November 14, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, with leave to renew within 30 days upon a showing of sufficient facts to demonstrate a meritorious appeal.
Entered: December 10, 2018
Mark W. Bennett, Clerk