| PEOPLE V JOSE D. ORTIZ |
| Motion No: KA 07-01985 |
| Slip Opinion No: 2007 NYSlipOp 81926(U) |
| Decided on October 18, 2007 |
| 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. |
KA 07-01985
Indictment No: 2004-0798
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE D. ORTIZ, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Monroe County Court entered in the Office of the Clerk of the County of Monroe on July 13, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Leslie E. Swift, dated September 19, 2007, the notice of motion with proof of service thereof, the letter of Drew R. DuBrin, dated October 8, 2007, and there being no opposition thereto,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.
Entered: October 18, 2007
JoAnn M. Wahl, Clerk