| THE PEOPLE V DARREL MONTGOMERY |
| Motion No: KA 09-02072 |
| Slip Opinion No: 2009 NY Slip Op 88312(U) |
| Decided on October 29, 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 09-02072
Indictment No: 2005-161G
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARREL
MONTGOMERY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered November 28, 2005, 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 October 6, 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 29, 2009
Patricia L. Morgan, Clerk