THE PEOPLE V STUART J. DIZAK
Motion No: KA 10-00616
Slip Opinion No: 2011 NY Slip Op 79232(U)
Decided on July 20, 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.


July 20, 2011

PRESENT: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, 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 to enlarge the record of the appeal from a judgment of the Monroe County Court rendered December 4, 2009,

Now, upon reading and filing the affirmation of Bernard H. Udell dated June 16, 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 denied.

Memorandum: When the parties or their attorneys are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record must be settled by the court from which the appeal is taken. It shall be the obligation of the appellant to make the application to settle the record (see 22 NYCRR 1000.4 [a][1][ii]).

Entered: July 20, 2011

PATRICIA L. MORGAN, Clerk