People v Kurth, Lloyd
Motion No: 2009-00427
Slip Opinion No: 2010 NY Slip Op 76945(U)
Decided on July 14, 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

M105333

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-00427

The People, etc., respondent,

v Lloyd Kurth, appellant.

(Ind. No. 08-00260)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Orange County, rendered December 22, 2008, 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 denied as academic as the appeal was perfected on May 25, 2010.

SANTUCCI, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court