People of State of New York v Newkirk
Motion No: 2009-02037
Slip Opinion No: 2013 NY Slip Op 68270(U)
Decided on March 22, 2013
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M153433

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2009-02037

People of the State of New York, respondent,

v Martin J. Newkirk, Jr., appellant.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the County Court, Suffolk County, dated January 21, 2009, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e][1]).

ENG, P.J., RIVERA, LEVENTHAL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court