| THE PEOPLE V ELVIN RIOS |
| Motion No: KA 09-00614 |
| Slip Opinion No: 2009 NYSlipOp 69180(U) |
| Decided on April 8, 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 09-00614
Indictment No: 2005-00404
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELVIN RIOS,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered November 3, 2005, 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 March 23, 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: April 8, 2009
Patricia L. Morgan, Deputy Clerk