| THE PEOPLE V AYEU RUAL SCI No: 27415 |
| Motion No: KA 09-00183 |
| Slip Opinion No: 2009 NYSlipOp 63477(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 09-00183
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V AYEU RUAL,
DEFENDANT-APPELLANT. SCI No: 27415 |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court, Erie County, entered October 12, 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 dismissed as unnecessary (see 22 NYCRR 1000.12[b]).
Entered: February 9, 2009
JoAnn M. Wahl, Clerk