| THE PEOPLE V EARNEST WARE |
| Motion No: KA 09-02464 |
| Slip Opinion No: 2009 NY Slip Op 92232(U) |
| Decided on December 21, 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 09-02464
Indictment No: 2006-159
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EARNEST
WARE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered July 24, 2006, 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 December 1, 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 21, 2009
Patricia L. Morgan, Clerk