| PEOPLE V DAVID F. TUSZYNSKI |
| Motion No: KA 08-00340 |
| Slip Opinion No: 2009 NYSlipOp 69141(U) |
| Decided on April 6, 2009 |
| 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 08-00340
Indictment No: 07-04-047
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID F.
TUSZYNSKI, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Ontario County Court, rendered January 28, 2008,
Now, upon reading and filing the affirmation of John E. Tyo, dated March 13, 2009, the notice of motion with proof of service thereof, the letter of Jeffrey L. Taylor, dated March 24, 2009, 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 appellant perfect the appeal on or before June 5, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 6, 2009
Patricia L. Morgan, Deputy Clerk