| THE PEOPLE V DONALD POTTER |
| Motion No: KA 09-02333 |
| Slip Opinion No: 2009 NY Slip Op 90179(U) |
| Decided on December 1, 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 09-02333
SCI No: 2005-188W
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONALD
POTTER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered October 24, 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 November 13, 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: December 1, 2009
Patricia L. Morgan, Clerk