THE PEOPLE V BRIAN BRANCH
Motion No: KA 09-01988
Slip Opinion No: 2009 NY Slip Op 86557(U)
Decided on October 16, 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.


October 16, 2009

KA 09-01988
Indictment No: 06-285

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRIAN BRANCH, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from a judgment of the Oneida County Court, rendered March 1, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Steven G. Cox sworn to September 20, 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: October 16, 2009

Patricia L. Morgan, Clerk