THE PEOPLE V STEPHEN COLLINS
Motion No: KA 10-01660
Slip Opinion No: 2010 NY Slip Op 81739(U)
Decided on September 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.


September 2, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

KA 10-01660
Indictment No: 02-DI-095

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEPHEN COLLINS, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Ontario County Court rendered, November 27, 2002,

Now, upon reading and filing the affidavit of Stephen Collins sworn to August 6, 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 unnecessary inasmuch as the Ontario District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).

Entered: September 2, 2010

Patricia L. Morgan, Clerk