THE PEOPLE V WILLIAM EVERTS, JR.
Motion No: KA 10-02174 AND KA 10-02175
Slip Opinion No: 2010 NY Slip Op 88789(U)
Decided on November 23, 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.


November 23, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

KA 10-02174 AND KA 10-02175
Indictment Nos: 2009-80
2009-81

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WILLIAM EVERTS, JR., DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeals taken from the judgments of the Steuben County Court, rendered September 22, 2009, on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Michael D. McCartney, Esq. sworn to November 29, 2010 [sic], 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: November 23, 2010

Patricia L. Morgan, Clerk