| THE PEOPLE V HENRY C. MARLING |
| Motion No: KA 09-01303 |
| Slip Opinion No: 2009 NY Slip Op 78203(U) |
| Decided on July 14, 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 09-01303
Indictment No: 08-96
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V HENRY C.
MARLING, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered April 13, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone, dated June 22, 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: July 14, 2009
Patricia L. Morgan, Clerk