| THE PEOPLE V DARREN P. MCEATHRON |
| Motion No: KA 09-02332 |
| Slip Opinion No: 2009 NY Slip Op 90158(U) |
| Decided on November 30, 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 09-02332
Indictment No: 2008-55
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARREN P.
MCEATHRON, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered October 20, 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 November 13, 2009, the notice of motion with proof of service thereof, the opposing affidavit of David G. Wallace, sworn to November 25, 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 March 1, 2010.
Entered: November 30, 2009
Patricia L. Morgan, Clerk