| THE PEOPLE V TOBIAS BOYLAND |
| Motion No: KA 10-00774 |
| Slip Opinion No: 2010 NY Slip Op 80618(U) |
| Decided on August 19, 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: MARTOCHE, J.P., PERADOTTO, LINDLEY, PINE, AND GORSKI, JJ.
KA 10-00774
Indictment No: 2009-1672
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TOBIAS
BOYLAND, DEFENDANT-APPELLANT. |
Appellant having moved to extend the stay of sentence pending the appeal from a judgment of the Supreme Court, Erie County rendered April 1, 2010,
Now, upon reading and filing the affirmation of Anthony J. Lana, Esq. sworn to July 7, 2010, the notice of motion with proof of service thereof, the affidavit of Matthew B. Powers, Esq. sworn to July 14, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot inasmuch as appellant has perfected the appeal before the expiration of the stay, thereby preserving the stay.
Entered: August 19, 2010
PATRICIA L. MORGAN, Clerk