| PEOPLE V DAN SUTTON |
| Motion No: KA 07-02584 |
| Slip Opinion No: 2007 NYSlipOp 87750(U) |
| Decided on December 28, 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 07-02584
Indictment No: 2003-1031B-S01
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAN SUTTON,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 19, 2005, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Hillery, sworn to December 7, 2007, the notice of motion with proof of service thereof, 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: December 28, 2007
JoAnn M. Wahl, Clerk