People v Newkirk, Martin
Motion No: 2010-01247
Slip Opinion No: 2013 NY Slip Op 68324(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

M153435

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

ROBERT J. MILLER, JJ.

2010-01247

The People, etc., respondent,

v Martin Newkirk, appellant.

(S.C.I. No. 2971/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an amended judgment of the County Court, Suffolk County, dated January 13, 2010, 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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court