People v Gutierrez, Juan
Motion No: 2003-01378
Slip Opinion No: 2009 NY Slip Op 90300(U)
Decided on December 3, 2009
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95311

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2003-01378

The People, etc., respondent,

v Juan Gutierrez, appellant.

(Ind. No. 5545/02)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered January 23, 2003, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FISHER, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court