| THE PEOPLE V BENJAMIN A. BORYSZEWSKI |
| Motion No: KA 08-02497 |
| Slip Opinion No: 2008 NYSlipOp 92865(U) |
| Decided on December 23, 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 08-02497
Indictment No: 04-18
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BENJAMIN A.
BORYSZEWSKI, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered September 15, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, dated December 2, 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: December 23, 2008
JoAnn M. Wahl, Clerk