| THE PEOPLE V CARLOS DIAZ |
| Motion No: KA 11-02100 |
| Slip Opinion No: 2011 NY Slip Op 89117(U) |
| Decided on November 7, 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 11-02100
Indictment No: 2009-01972
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V CARLOS
DIAZ, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Erie County Court, rendered December 1, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David A. Heraty, Esq. sworn to October 19, 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: November 7, 2011
Patricia L. Morgan, Clerk