THE PEOPLE V TODD AXTELL
Motion No: KA 10-01422 AND KA 10-01421
Slip Opinion No: 2010 NY Slip Op 78051(U)
Decided on July 28, 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.


July 28, 2010

KA 10-01422 AND KA 10-01421
SCI Nos: 2006-47W And
2009-137W

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TODD AXTELL, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from the judgments of the Steuben County Court, rendered June 23, 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 June 29, 2010, the notice of motion with proof of service thereof, and there being no opposition thereto,

It is hereby ORDERED that the motion is granted, and the appeals are dismissed.

Entered: July 28, 2010

Patricia L. Morgan, Clerk