PEOPLE V BRENT L. RUSSELL Indictment No: 5609
Motion No: KA 07-01787
Slip Opinion No: 2008 NYSlipOp 83411(U)
Decided on September 15, 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.


September 15, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 07-01787

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRENT L. RUSSELL, DEFENDANT-APPELLANT.

Indictment No: 5609


Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Wyoming County Court, rendered August 22, 2007,

Now, upon reading and filing the undated affirmation of Stephen Bird, 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 November 14, 2008.

Entered: September 15, 2008

JoAnn M. Wahl, Clerk