| PEOPLE V DARYL L. BURTON |
| Motion No: KA 10-758 |
| Slip Opinion No: 2010 NY Slip Op 69147(U) |
| Decided on April 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-758
Indictment No: 2009-080
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARYL L.
BURTON, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Niagara County Court rendered January 25, 2010,
Now, upon reading and filing the affidavit of Justin S. White, Esq., sworn to April 2, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature 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: April 21, 2010
PATRICIA L. MORGAN, Clerk