PEOPLE V HARRY VOGEL
Motion No: KA 07-01778
Slip Opinion No: 2008 NYSlipOp 75976(U)
Decided on June 23, 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.


June 23, 2008

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

KA 07-01778
Indictment No: 06-75

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

HARRY VOGEL, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Herkimer County Court entered in the Office of the Clerk of the County of Herkimer on July 10, 2007,

Now, upon reading and filing the affidavit of John A. Herbowy, sworn to June 5, 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 22, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 23, 2008

JoAnn M. Wahl, Clerk