Opinion
KA 18-01417 Indictment No: 2004-495
09-07-2018
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered October 27, 2005, 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 July 27, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely filed a notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: September 7, 2018
Mark W. Bennett, Clerk