| PEOPLE V SPOMENKO HRNKAS SCI No: 22324 |
| Motion No: KA 03-02604 |
| Slip Opinion No: 2009 NY Slip Op 76123(U) |
| Decided on May 13, 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 03-02604
| PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V
SPOMENKO HRNKAS, DEFENDANT-APPELLANT. SCI No: 22324 |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered December 11, 2003, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Hillery sworn April 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 granted, and the appeal is dismissed.
Entered: May 13, 2009
Patricia L. Morgan, Clerk