THE PEOPLE V STEVEN LEE ROY
Motion No: KA 10-01031
Slip Opinion No: 2010 NY Slip Op 73880(U)
Decided on June 7, 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.


June 7, 2010

KA 10-01031
Indictment No: 2008-347

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEVEN LEE ROY, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from an order of the Steuben County Court, entered April 16, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Michael D. McCartney, Esq., sworn to May 12, 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 dismissed as unnecessary (see 22 NYCRR 1000.12 [b]).

Entered: June 7, 2010

Patricia L. Morgan, Clerk