| PEOPLE V KYLE E. MILLER |
| Motion No: KA 07-00685 |
| Slip Opinion No: 2008 NYSlipOp 74750(U) |
| Decided on June 9, 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 07-00685
Indictment No: 05-211-2
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KYLE E. MILLER,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Cattaraugus County Court entered in the Office of the Clerk of the County of Cattaraugus on January 8, 2007,
Now, upon reading and filing the affidavit of John A. Cirando, sworn to May 27, 2008, 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 August 8, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 9, 2008
JoAnn M. Wahl, Clerk