| THE PEOPLE V STUART J. DIZAK |
| Motion No: KA 10-00616 |
| Slip Opinion No: 2010 NY Slip Op 83722(U) |
| Decided on September 27, 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 10-00616
Indictment No: 2009-0393
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STUART J.
DIZAK, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Monroe County Court, rendered December 4, 2009,
Now, upon reading and filing the affirmation of Bernard H. Udell, Esq. dated August 30, 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 Monroe County District Attorney's Office has not yet filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a).
Entered: September 27, 2010
Patricia L. Morgan, Clerk