PEOPLE V EMANUEL SOTO SCI No: 27710
Motion No: KA 07-02010
Slip Opinion No: 2010 NY Slip Op 64249(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.


February 22, 2010

KA 07-02010

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EMANUEL SOTO, DEFENDANT-APPELLANT.

SCI No: 27710


Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County, rendered March 12, 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 8, 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