| THE PEOPLE V TIMOTHY EATMON, JR. SCI No: 28313 |
| Motion No: KA 09-02390 |
| Slip Opinion No: 2009 NY Slip Op 90753(U) |
| Decided on December 7, 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 09-02390
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TIMOTHY
EATMON, JR., DEFENDANT-APPELLANT. SCI No: 28313 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered July 27, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Raymond C. Herman, sworn to November 20, 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 7, 2009
Patricia L. Morgan, Clerk