| THE PEOPLE V GREGG SPONBURGH |
| Motion No: KA 08-00654 |
| Slip Opinion No: 2008 NYSlipOp 79081(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 08-00654
Indictment No: 07-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V GREGG
SPONBURGH, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Herkimer County Court entered in the Office of the Clerk of the County of Herkimer on September 19, 2007,
Now, upon reading and filing the affidavit of Gregg Sponburgh, sworn to May 26, 2008, the notice of motion with proof of service thereof, the affirmation of Jeffrey S. Carpenter, dated June 13, 2008, the letter of Gregg Spongburgh, dated June 17, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is dismissed as unnecessary inasmuch as the Herkimer District Attorney's Office has not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a).
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 Herkimer County Court.
Entered: July 24, 2008
JoAnn M. Wahl, Clerk