Respondent having moved to dismiss the appeal taken from an order of the Supreme Court, Erie County, dated December 23, 2011, on the ground that appellant has failed to perfect timely the appeal.
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to July 17, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated January 24, 2014 shall be treated as valid as to the order of Supreme Court, Erie County, dated December 23, 2011 for Indictment 2010-00199 pursuant to CPL 460.10 (6), and
It is further ORDERED that motion is granted, and the appeal is dismissed.