| THE PEOPLE V JOE MACKEY, JR. |
| Motion No: KA 09-01964 |
| Slip Opinion No: 2009 NY Slip Op 87215(U) |
| Decided on October 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. |
KA 09-01964
Indictment No: 2007-323
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOE MACKEY,
JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered June 23, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael D. McCartney sworn to September 29, 2009, the notice of motion with proof of service thereof, the opposing letter of Joe A. Mackey, Jr. dated October 7, 2009,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: October 22, 2009
Patricia L. Morgan, Clerk