THE PEOPLE V KENNETH BREWER
Motion No: KA 09-01633
Slip Opinion No: 2009 NY Slip Op 84156(U)
Decided on September 22, 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 22, 2009

KA 09-01633
Indictment No: 2006-128

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KENNETH BREWER, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered January 17, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Taylor York sworn to August 11, 2009, the notice of motion with proof of service thereof, the opposing statement of Kenneth Brewer dated September 3, 2009,

It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 21, 2009.

Entered: September 22, 2009

Patricia L. Morgan, Clerk