THE PEOPLE V FRANK J. POVOSKI, JR.
Motion No: KA 12-00179
Slip Opinion No: 2013 NY Slip Op 84921(U)
Decided on September 5, 2013
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.


September 5, 2013

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND VALENTINO, JJ.

KA 12-00179
Indictment No: 04-10-131

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

FRANK J. POVOSKI, JR., DEFENDANT-APPELLANT.


Appellant having moved to expedite the appeal taken from an order of Ontario County Court, dated October 14, 2011,

Now, upon reading and filing the affirmation of Martin P. McCarthy, II., Esq. dated August 16, 2013, the notice of motion with proof of service thereof, the affidavit of Frank J. Povoski, Jr. sworn to August 5, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is removed from the day calendar for December 12, 2013, and

It is further ORDERED that the appeal shall be added to the calender for the term of this Court commencing on October 15, 2013.

Entered: September 5, 2013

Frances E. Cafarell, Clerk