PEOPLE V KENNETH KISTNER
Motion No: KA 07-00456
Slip Opinion No: 2007 NYSlipOp 87762(U)
Decided on December 31, 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 31, 2007

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

KA 07-00456
Indictment No: I04-147

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KENNETH KISTNER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court entered in the Office of the Clerk of the County of Oneida on January 19, 2007,

Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., dated December 14, 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 29, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 31, 2007

JoAnn M. Wahl, Clerk