People v Johnson, Kevin
Motion No: 2009-10413
Slip Opinion No: 2010 NY Slip Op 65842(U)
Decided on March 17, 2010
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M99939

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-10413

The People, etc., appellant,

v Kevin Johnson, respondent.

(Ind. No. 133/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated September 4, 2009, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied on the ground that the appeal was timely perfected in accordance with the order on application dated February 19, 2010.

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court