People of State of New York v DeMerritt
Motion No: 2004-04995
Slip Opinion No: 2006 NYSlipOp 66699(U)
Decided on April 7, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38044

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2004-04995

People of the State of New York, respondent,

v Kennard DeMerritt, appellant.

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the County Court, Westchester County, dated May 13, 2004, for failure to timely perfect the same.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]).

CRANE, J.P., GOLDSTEIN, RIVERA, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court