| PEOPLE V JOHN H. BUTLER |
| Motion No: KA 06-00233 |
| Slip Opinion No: 2009 NYSlipOp 68342(U) |
| Decided on March 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 06-00233
Indictment No: 05-15
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN H. BUTLER,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered November 21, 2005, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, dated March 13, 2009, the notice of motion with proof of service thereof, the notice of cross-motion with proof of service thereof, the affirmation of Stephen J. Bird, dated March 16, 2009,
It is hereby ORDERED that the motion be and the same hereby is denied, and
It is further ORDERED that the cross-motion is dismissed as unnecessary.
Entered: March 30, 2009
JoAnn M. Wahl, Clerk