THE PEOPLE V PAUL A. OSBORNE
Motion No: KA 09-01372
Slip Opinion No: 2011 NY Slip Op 62431(U)
Decided on January 24, 2011
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.


January 24, 2011

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

KA 09-01372
Indictment No: 2007-463

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

PAUL A. OSBORNE, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from the judgment of Niagara County Court, rendered May 11, 2009,

Now, upon reading and filing the affirmation of Kathleen E. Casey, Esq. dated November 29, 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 and,

It is further ORDERED that appellant perfect the appeal on or before April 25, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 24, 2011

Patricia L. Morgan, Clerk