| THE PEOPLE V ERIC R. WHITE |
| Motion No: KA 08-01835 |
| Slip Opinion No: 2008 NYSlipOp 83919(U) |
| Decided on September 22, 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 08-01835
Indictment No: 00745R-2005
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC R.
WHITE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered January 18, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Donna A. Milling, sworn to September 3, 2008, 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: September 22, 2008
JoAnn M. Wahl, Clerk