| THE PEOPLE V JAMES W. MADILL |
| Motion No: KA 09-00822 |
| Slip Opinion No: 2010 NY Slip Op 64670(U) |
| Decided on March 2, 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 09-00822
Indictment No: 03-500-03-V
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES W.
MADILL, DEFENDANT-APPELLANT. |
Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from a judgment of Jefferson County Court, rendered March 20, 2009, and appellant having cross-moved to withdraw his brief and record, and for other relief,
Now, upon reading and filing the affidavit of Kristyna S. Mills sworn to February 1, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Mary P. Davison dated February 9, 2010, the notice of cross 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 dismissed as moot, and,
It is further ORDERED that the cross motion for leave to withdraw the appellant's brief and record is granted, and,
It is further ORDERED that appellant shall perfect the appeal on or before June 1, 2010, and in the event of failure to so perfect, the appeal is dismissed without further order.
Entered: March 2, 2010
Patricia L. Morgan, Clerk