THE PEOPLE V CHRISTOPHER AVERY
Motion No: KA 10-01738 AND KA 10-01741 AND KA 10-01742
Slip Opinion No: 2010 NY Slip Op 83074(U)
Decided on September 20, 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.


September 20, 2010

KA 10-01738 AND KA 10-01741 AND KA 10-01742
Indictment Nos:2008-300
2008-301
2008-302

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTOPHER AVERY, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from the judgments of the Steuben County Court, rendered August 12, 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 August 19, 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: September 20, 2010

Patricia L. Morgan, Clerk