THE PEOPLE V MATTHEW L. TOWNSEND
Motion No: KA 09-00643
Slip Opinion No: 2009 NY Slip Op 73509(U)
Decided on May 4, 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.


May 4, 2009

KA 09-00643
Indictment No: I06-194

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MATTHEW L. TOWNSEND, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered August 31, 2006, 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 affidavit of Steven G. Cox, Esq., sworn to March 27, 2009, the notice of motion with proof of service thereof, the notice of cross-motion with proof of service thereof, and the affidavit of Matthew Townsend, sworn to April 8, 2009,

It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 1, 2009; and

It is further ORDERED that the cross-motion is dismissed as unnecessary.

Entered: May 4, 2009

Patricia L. Morgan, Clerk