| THE PEOPLE V BARRY WYZYKOWSKI |
| Motion No: KA 13-01585 |
| Slip Opinion No: 2013 NY Slip Op 90575(U) |
| Decided on November 4, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 13-01585
Indictment No: 2008-00752
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V BARRY WYZYKOWSKI, DEFENDANT-APPELLANT. |
Defendant having moved to vacate the dismissal of the appeal taken from a judgment of Supreme Court, Erie County rendered July 25, 2008,
Now, upon reading and filing the affidavit of Barry Wyzykowski sworn to October 21, 2013, the notice of motion with proof of service thereof, the affidavit of Andrew C. LoTempio, Esq. sworn to October 1, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that the appeal is perfected on or before March 4, 2014.
Entered: November 4, 2013
Frances E. Cafarell, Clerk