| PEOPLE V JOSEPH M. SMITH |
| Motion No: KA 07-00584 |
| Slip Opinion No: 2007 NYSlipOp 87367(U) |
| Decided on December 21, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
KA 07-00584
Indictment No: 06-070
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH M.
SMITH, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgement of Allegany County Court entered in the Office of the Clerk of the County of Allegany on September 13, 2006,
Now, upon reading and filing the affirmation of David M. Parks, dated November 30, 2007, the notice of motion with proof of service thereof, 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 February 19, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 21, 2007
JoAnn M. Wahl, Clerk