| THE PEOPLE V MICHAEL EARLY |
| Motion No: KA 09-00812 |
| Slip Opinion No: 2009 NY Slip Op 76119(U) |
| Decided on May 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 09-00812
Indictment No: 2003-0814
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL
EARLY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered April 30, 2004, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Donna A. Milling sworn on April 20, 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: May 8, 2009
Patricia L. Morgan, Clerk