| THE PEOPLE V ROGER TILLINGHAST, JR. |
| Motion No: KA 10-00193 |
| Slip Opinion No: 2010 NY Slip Op 63073(U) |
| Decided on February 9, 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 10-00193
SCI No: 2004-311W
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROGER
TILLINGHAST, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered February 23, 2005, 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 22, 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: February 9, 2010
Patricia L. Morgan, Clerk