| THE PEOPLE V DAVID M. O'BRIEN |
| Motion No: KA 09-01837 |
| Slip Opinion No: 2010 NY Slip Op 62033(U) |
| Decided on January 21, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 09-01837
Indictment No: 08-112
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID M.
O'BRIEN, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of the stay of execution of the judgment of Cattaraugus County Court, rendered September 9, 2009,
Now, upon reading and filing the affidavit of Edward C. Cosgrove sworn to December 29, 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 order dated September 11, 2009 is extended on the condition that the appellant perfect the appeal on or before March 22, 2010.
Entered: January 21, 2010
Patricia L. Morgan, Clerk