| PEOPLE V JORGE DENIS |
| Motion No: KA 06-00951 |
| Slip Opinion No: 2008 NYSlipOp 79069(U) |
| Decided on July 24, 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
KA 06-00951
Indictment No: 99C-170
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JORGE DENIS,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Oswego County Court entered in the Office of the Clerk of the County of Oswego on September 30, 2004,
Now, upon reading and filing the affidavit of Jorge Denis, sworn to April 30, 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, on the condition that the appeal is perfected on or before October 22, 2008.
Memorandum: When the parties or their attorneys are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record must be settled by the court from which the appeal is taken. It is the obligation of the appellant to make the application to settle the record (see 22 NYCRR 1000.4[a][1][ii]). The proper venue for an application to settle the record is Oswego County Court.
Entered: July 24, 2008
JoAnn M. Wahl, Clerk