| THE PEOPLE V JAMES W. SHERBERT, JR. |
| Motion No: KA 24-00625 |
| Slip Opinion No: 2024 NY Slip Op 70849(U) |
| Decided on July 8, 2024 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
KA 24-00625
Indictment No.: 70104-23/002
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V JAMES W. SHERBERT, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Wyoming County Court, rendered September 8, 2023, on the ground that appellant has failed to timely perfect the appeal,
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 is granted, and the appeal is dismissed without further order unless perfected on or before September 6, 2024.
Entered: July 8, 2024
Ann Dillon Flynn
Clerk of the Court