| THE PEOPLE V SAMUEL WHITAKER |
| Motion No: KA 09-02389 |
| Slip Opinion No: 2009 NY Slip Op 91552(U) |
| Decided on December 14, 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 09-02389
Indictment No: 2006-327
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SAMUEL
WHITAKER, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered July 2, 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 November 19, 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 14, 2009
Patricia L. Morgan, Clerk