THE PEOPLE V REGINALD SMITH SCI No: 28153
Motion No: KA 10-00454
Slip Opinion No: 2010 NY Slip Op 66648(U)
Decided on March 10, 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.


March 10, 2010

KA 10-00454

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

REGINALD SMITH, DEFENDANT-APPELLANT.

SCI No: 28153


Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered November 8, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Shawn P. Hennessy, sworn to February 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: March 10, 2010

Patricia L. Morgan, Clerk