| THE PEOPLE V ANTHONY WHITT |
| Motion No: KA 11-00724 |
| Slip Opinion No: 2011 NY Slip Op 71107(U) |
| Decided on April 27, 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. |
KA 11-00724
Indictment No: 2007-0778
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTHONY
WHITT, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered September 16, 2008, 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 27, 2011
Patricia L. Morgan, Clerk