| THE PEOPLE V KENNETH PHELAN |
| Motion No: KA 12-01001 |
| Slip Opinion No: 2012 NY Slip Op 79238(U) |
| Decided on July 19, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
KA 12-01001
Indictment No: 2010-150
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KENNETH
PHELAN, DEFENDANT-APPELLANT. |
Appellant having moved for permission to file less than the required number of briefs for the appeal taken from the judgment of Cayuga County Court, rendered January 18, 2012, and for other relief,
Now, upon reading and filing the affidavit of Kenneth Phelan sworn to June 29, 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 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 19, 2012
Frances E. Cafarell, Clerk