| PEOPLE V JOSEPH K. MALLABER |
| Motion No: KA 07-02185 |
| Slip Opinion No: 2008 NYSlipOp 77302(U) |
| Decided on June 30, 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 07-02185
Indictment No: 2007-67W
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSEPH K.
MALLABER, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Steuben County Court entered in the Office of the Clerk of the County of Steuben on September 12, 2007,
Now, upon reading and filing the undated affirmation of Stephen Bird, 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 29, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 30, 2008
JoAnn M. Wahl, Clerk