| PEOPLE V LATRAVIS J. CHEATEM |
| Motion No: KA 07-02111 |
| Slip Opinion No: 2009 NY Slip Op 81529(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.
KA 07-02111
Indictment No: 2005-0019
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LATRAVIS J.
CHEATEM, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Monroe County, rendered June 28, 2005,
Now, upon reading and filing the affidavit of Latravis J. Cheatem, sworn to July 28, 2009, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Memorandum: A motion to vacate the dismissal of an appeal must be made within one year of the date of the dismissal (22 NYCRR 1000.13[g]). The appeal was dismissed on October 30, 2007, and, therefore, the motion is untimely.
Entered: August 20, 2009
Patricia L. Morgan, Clerk