| THE PEOPLE V DAVID R. HIVELY, JR. |
| Motion No: KA 10-00239 |
| Slip Opinion No: 2010 NY Slip Op 64233(U) |
| Decided on February 22, 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 10-00239
SCI No: 2008-282W
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID R.
HIVELY, JR., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Steuben County Court, rendered January 26, 2009, 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 28, 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 22, 2010
Patricia L. Morgan, Clerk