THE PEOPLE V DONALD JOHNSON SCI No: 25231
Motion No: KA 11-00726
Slip Opinion No: 2011 NY Slip Op 71086(U)
Decided on April 26, 2011
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.


April 26, 2011

KA 11-00726

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DONALD JOHNSON, DEFENDANT-APPELLANT.

SCI No: 25231


Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered March 27, 2006, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Douglas A. Goerss, Esq. sworn to April 7, 2011, 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 appeal is dismissed.

Entered: April 26, 2011

Patricia L. Morgan, Clerk