| THE PEOPLE V MICAIAH ALLEN SCI No: 16152 |
| Motion No: KA 08-01831 |
| Slip Opinion No: 2008 NYSlipOp 83386(U) |
| Decided on September 15, 2008 |
| 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 08-01831
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICAIAH
ALLEN, DEFENDANT-APPELLANT. SCI No: 16152 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered September 15, 1998, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew B. Powers, sworn to August 28, 2008, the notice of motion with proof of service thereof, the letter of Micaiah Allen, dated September 2, 2008,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 15, 2008.
Entered: September 15, 2008
JoAnn M. Wahl, Clerk