| THE PEOPLE V PAUL F. SMITH |
| Motion No: KA 09-01681 And KA 09-01682 |
| Slip Opinion No: 2009 NY Slip Op 85776(U) |
| Decided on September 2, 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. |
KA 09-01681 And KA 09-01682
Indictment No: 2007-0832
Indictment No: 2007-0009
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PAUL F.
SMITH, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from the judgments of the Erie County Court, rendered August 23, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Shawn P. Hennessy sworn to August 14, 2009, the notice of motion with proof of service thereof, and there being no opposition thereto,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed.
Entered: September 2, 2009
Patricia L. Morgan, Clerk