PEOPLE V HAROLD WILKES
Motion No: KA 07-00981
Slip Opinion No: 2007 NYSlipOp 85419(U)
Decided on December 3, 2007
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.


December 3, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

KA 07-00981
Indictment No: 86-0747-001

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HAROLD WILKES, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court entered in the Office of the Clerk of the County of Erie on April 30, 2007,

Now, upon reading and filing the affidavit of Kristin M. Preve, sworn to November 19, 2007, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated November 26, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted on the condition that appellant perfect the appeal on or before December 31, 2007, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 3, 2007

JoAnn M. Wahl, Clerk