| THE PEOPLE V ART SWAIN, JR. |
| Motion No: KA 11-01003 |
| Slip Opinion No: 2012 NY Slip Op 63018(U) |
| Decided on January 31, 2012 |
| 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 11-01003
Indictment No: 2010-126-1
| 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 Niagara County Court, rendered April 13, 2011,
Now, upon reading and filing the statement of Art Swain, Jr. dated January 13, 2012, 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 Niagara District Attorney's Office has yet not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12 (a).
Entered: January 31, 2012
Frances E. Cafarell, Clerk