People v Irving, Brian
Motion No: 2010-04412
Slip Opinion No: 2010 NY Slip Op 75674(U)
Decided on June 29, 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

M104454

E/ct

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2010-04412

The People, etc., respondent,

v Brian Irving, appellant.

(Ind. No. 05-01593)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered April 6, 2007, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

SKELOS, J.P., SANTUCCI, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court