| THE PEOPLE V TONY MAXWELL |
| Motion No: KA 09-00177 |
| Slip Opinion No: 2009 NYSlipOp 63475(U) |
| Decided on February 9, 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 09-00177
Indictment No: 2006-00088I
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TONY
MAXWELL, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered February 16, 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 January 21, 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: February 9, 2009
JoAnn M. Wahl, Clerk