| THE PEOPLE V JOSHUA MALONE |
| Motion No: KA 11-01234 |
| Slip Opinion No: 2011 NY Slip Op 77713(U) |
| Decided on July 5, 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 11-01234
Indictment No: 2009-00209
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSHUA
MALONE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court, Erie County rendered June 12, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael J. Hillery, Esq. sworn to June 14, 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: July 5, 2011
Patricia L. Morgan, Clerk