Opinion
KA 11-00630 Indictment No: 2010-0580
04-03-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ART W. SWAIN, JR., DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Supreme Court, Erie County rendered January 12, 2011, and for other relief,
Now, upon reading and filing the affidavit of Art Swain, Jr. sworn to February 9, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated February 27, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the dismissal of the appeal is vacated on the condition that the appeal is perfected on or before July 2, 2013, and
It is further ORDERED that the motion is otherwise denied.
Frances E. Cafarell, Clerk