| THE PEOPLE V CARL NICHOLS, JR. |
| Motion No: KA 09-02083 |
| Slip Opinion No: 2009 NY Slip Op 88320(U) |
| Decided on November 4, 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 09-02083
SCI No: 2007-73W
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CARL
NICHOLS, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered May 21, 2007, 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 14, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Carl R. Nichols sworn to October 17, 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 February 1, 2010.
Entered: November 4, 2009
Patricia L. Morgan, Clerk