| PEOPLE V KIM COSTNER |
| Motion No: KA 08-00234 |
| Slip Opinion No: 2008 NYSlipOp 93339(U) |
| Decided on December 30, 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 08-00234
Indictment No: 2007-2114
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KIM COSTNER,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered January 16, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Shawn P. Hennessy, sworn to December 15, 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 30, 2008
JoAnn M. Wahl, Clerk