| THE PEOPLE V ART SWAIN, JR. |
| Motion No: KA 11-00630 |
| Slip Opinion No: 2011 NY Slip Op 70032(U) |
| Decided on April 13, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 11-00630
Indictment No: 2010-0580
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ART SWAIN,
JR., DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County rendered January 12, 2011,
Now, upon reading and filing the affidavit of Art Swain, Jr. sworn to March 23, 2011, 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 Erie County District Attorney's Office has not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a).
Entered: April 13, 2011
Patricia L. Morgan, Clerk