| PEOPLE V RYAN M. BOOTH |
| Motion No: KA 07-01135 |
| Slip Opinion No: 2008 NYSlipOp 64229(U) |
| Decided on February 20, 2008 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 07-01135
Indictment No: 06-07-110
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RYAN M.
BOOTH, DEFENDANT-APPELLANT. |
Appellant having moved to continue the stay execution of the judgment of Ontario County Court entered in the Office of the Clerk of the County of Ontario on May 11, 2007, pending the determination of the appeal taken herein, initially granted by the Honorable Elizabeth W. Pine on May 23, 2007, and for other relief,
Now, upon reading and filing the affirmation of Dante M. Scaccia, dated January 14, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted and bail is continued on the condition that appellant perfect the appeal on or before May 20, 2008, and
It is further ORDERED that the motion for an extension of time to perfect the appeal is dismissed as premature inasmuch as the Ontario County District Attorney's Office has not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a).
Entered: February 20, 2008
JoAnn M. Wahl, Clerk