| THE PEOPLE V TITUS SMITH SCI No: 28523 |
| Motion No: KA 10-00308 |
| Slip Opinion No: 2010 NY Slip Op 64248(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 10-00308
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TITUS SMITH,
DEFENDANT-APPELLANT. SCI No: 28523 |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered October 5, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Hillery sworn to February 5, 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