THE PEOPLE V SEYMOUR ATKINSON THE PEOPLE V SEYMOUR S. ATKINSON
Motion No: KA 16-01589 and KA 16-01590
Slip Opinion No: 2019 NY Slip Op 82478(U)
Decided on October 22, 2019
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.


October 22, 2019

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 16-01589 and KA 16-01590
Indictment No: 2015-1608
Indictment No: 2014-1813S

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SEYMOUR ATKINSON, DEFENDANT-APPELLANT.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SEYMOUR S. ATKINSON, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeals taken from the judgments of the Erie County Court, rendered September 6, 2016,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion as it relates to Indictment No. 2015-1608 is granted on the condition that the appeal is perfected on or before December 20, 2019, and

It is further ORDERED that the motion as it relates to Indictment No. 2014-1813S is dismissed as unnecessary.

Entered: October 22, 2019

Mark W. Bennett

Clerk of the Court