THE PEOPLE V CRISTOBAL PAYANO, ALSO KNOWN AS CRISTOBAL LAUREANO SCI No: 13040
Motion No: KA 09-01392
Slip Opinion No: 2009 NY Slip Op 78834(U)
Decided on July 20, 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.


July 20, 2009

KA 09-01392

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CRISTOBAL PAYANO, ALSO KNOWN AS CRISTOBAL LAUREANO,

DEFENDANT-APPELLANT.

SCI No: 13040


Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered July 8, 1996, 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 July 7, 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 20, 2009

Patricia L. Morgan, Clerk