PEOPLE V CHRISTOPHER CAULEY
Motion No: KA 06-00880
Slip Opinion No: 2009 NY Slip Op 81528(U)
Decided on August 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.


August 20, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

KA 06-00880
Indictment No: 2004-319

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTOPHER CAULEY, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Niagara County Court, rendered December 8, 2005,

Now, upon reading and filing the affidavit of Anna J. Cauley, sworn to July 14, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Hannah Stith Long, dated July 23, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied without prejudice to renewal of the motion by defendant acting pro se or by counsel.

Memorandum: A third party, who is not a licensed attorney, may not file a motion on behalf of a defendant. Defendant may request relief by filing a motion pro se or obtaining the services of an attorney to file a motion.

Entered: August 20, 2009

Patricia L. Morgan, Clerk