THE PEOPLE V MICHAEL BAROODY
Motion No: KA 08-00806
Slip Opinion No: 2008 NYSlipOp 81342(U)
Decided on August 21, 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.


August 21, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, PERADOTTO, AND PINE, JJ.

KA 08-00806
Indictment No: 07-070

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL BAROODY, DEFENDANT-APPELLANT.


Appellant having moved to extend the stay of sentence pending the appeal taken from a judgment of the Seneca County Court entered in the Office of the Clerk of the County of Seneca on April 10, 2008, and for other relief,

Now, upon reading and filing the affirmation of Linda M. Campbell, dated July 25, 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 to the extent that the stay granted by Justice Pine is extended on the condition that the appeal is perfected on or before September 2, 2008, and

It is further ORDERED that the motion is otherwise dismissed as unnecessary inasmuch as the Ontario County District Attorney's Office has not yet filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a).

Entered: August 21, 2008

JoAnn M. Wahl, Clerk