| THE PEOPLE V ANTHONY NIEVES |
| Motion No: KA 10-00088 |
| Slip Opinion No: 2010 NY Slip Op 62070(U) |
| Decided on January 25, 2010 |
| 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 10-00088
SCI No: 2007-213W
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTHONY
NIEVES, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered September 25, 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 January 6, 2010, 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: January 25, 2010
Patricia L. Morgan, Clerk