| People v Ermmarino, Albert |
| Motion No: 2004-01088 |
| Slip Opinion No: 2006 NYSlipOp 81343(U) |
| Decided on December 6, 2006 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M47847
E/sl
HOWARD MILLER, J.P.
REINALDO E. RIVERA
PETER B. SKELOS
ROBERT J. LUNN, JJ.
|
2004-01088 The People, etc., respondent, v Albert Ermmarino, appellant. (Ind. No. 978-03)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered October 16, 2003, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[f]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED the motion is denied; and it is further,
ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 19, 2007; and it is further,
ORDERED that no further enlargements of time shall be granted.
MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's Address:
03-A-5651
Orleans Corr. Fac.
3531 Gaines Basin Road
Albion, New York 14411-9199