| THE PEOPLE V ANDRES AYALA |
| Motion No: KA 08-01055 |
| Slip Opinion No: 2008 NYSlipOp 73232(U) |
| Decided on May 27, 2008 |
| 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, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-01055
Indictment No: 84-1726-2
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANDRES
AYALA, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Erie County Court entered in the Office of the Clerk of the County of Erie on August 21, 2007,
Now, upon reading and filing the affirmation of Lawrence A. Schulz, dated May 8, 2008, the notice of motion with proof of service thereof, the letter of J. Michael Marion, dated May 15, 2008, 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 August 25, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 27, 2008
JoAnn M. Wahl, Clerk