| THE PEOPLE V BENJAMIN M. SICOLI |
| Motion No: KA 09-01126 |
| Slip Opinion No: 2009 NY Slip Op 84130(U) |
| Decided on September 18, 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 09-01126
Indictment No: 2007-437
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BENJAMIN M.
SICOLI, DEFENDANT-APPELLANT. |
Appellant having moved to extend the stay of sentence pending the appeal taken from the judgment of Niagara County Court, rendered December 4, 2008, and for other relief,
Now, upon reading and filing the affidavits of James C. Roscetti, sworn June 1, 2009 and August 21, 2009, 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 Caruso is extended nunc pro tunc from May 23, 2009 on the condition that the appeal is perfected on or before November 17, 2009, and
It is further ORDERED that the motion is otherwise dismissed as unnecessary.
Memorandum: There is no perfection deadline inasmuch as the Niagara County District Attorney's Office has not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a).
Entered: September 18, 2009
Patricia L. Morgan, Clerk