| THE PEOPLE V ANTHONY GILMORE SCI No: 28114 |
| Motion No: KA 09-00097 |
| Slip Opinion No: 2009 NYSlipOp 62833(U) |
| Decided on January 30, 2009 |
| 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 09-00097
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTHONY
GILMORE, DEFENDANT-APPELLANT. SCI No: 28114 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered May 23, 2007, 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 January 12, 2009, 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: January 30, 2009
JoAnn M. Wahl, Clerk