People v Tyler, Donald
Motion No: 2004-04855
Slip Opinion No: 2009 NY Slip Op 81101(U)
Decided on August 21, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M91034

F/

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2004-04855

The People, etc., respondent,

v Donald Tyler, appellant.

(Ind. No. 03-01690)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered April 26, 2004, for failure to perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FISHER, J.P., SANTUCCI, ENG, and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court