| THE STATE OF NEW YORK. - V. KIRK COTTOM |
| Motion No: CA 24-01386 |
| Slip Opinion No: 2024 NY Slip Op 77200(U) |
| Decided on October 17, 2024 |
| 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: WHALEN, P.J., SMITH, LINDLEY, AND BANNISTER, JJ.
CA 24-01386
| THE STATE OF NEW YORK. PLAINTIFF-RESPONDENT V. KIRK COTTOM,
DEFENDANT-APPELLANT. |
Appellant having moved for an order waiving the mandatory certification of the record in the appeal taken herein from an order of the Supreme Court, Monroe County, entered January 5, 2024, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to waive the requirement of a certified record on appeal is denied without prejudice to a motion in Supreme Court to settle the record on appeal (see Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]; 22 NYCRR 1250.7 [g]; 1000.7 [b]), and
It is further ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted on the condition that the appeal is perfected on or before December 16, 2024.
Entered: October 17, 2024
Ann Dillon Flynn
Clerk of the Court