THE PEOPLE V EDUARDO HERNANDEZ, JR.
Motion No: KA 09-01644
Slip Opinion No: 2009 NY Slip Op 84147(U)
Decided on September 21, 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.


September 21, 2009

KA 09-01644
Indictment No: 2005-0566

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EDUARDO HERNANDEZ, JR., DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Monroe County Court, rendered March 22, 2006, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Nicole M. Fantigrossi dated August 11, 2009, the notice of motion with proof of service thereof, and the letter of Drew DuBrin dated August 17, 2009,

It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.

Entered: September 21, 2009

Patricia L. Morgan, Clerk