| THE PEOPLE V ART W. SWAIN, JR. |
| Motion No: KA 11-00630 |
| Slip Opinion No: 2011 NY Slip Op 93442(U) |
| Decided on December 15, 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 W.
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 November 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 granted on the condition that appellant perfect the appeal on or before March 12, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 15, 2011
Patricia L. Morgan, Clerk