PEOPLE V ANDREW J. MILLER
Motion No: KA 07-02427
Slip Opinion No: 2008 NYSlipOp 80644(U)
Decided on August 19, 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.


August 19, 2008

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

DOCKET NO. KA 07-02427

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANDREW J. MILLER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Livingston County Court entered in the Office of the Clerk of the County of Livingston on November 2, 2007,

Now, upon reading and filing the affidavit of Neal J. Mahoney sworn to July 29, 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 and appellant shall perfect the appeal on or before October 17, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 19, 2008

JoAnn M. Wahl, Clerk