| PEOPLE V ROBERT H. SMITH |
| Motion No: KA 08-00396 |
| Slip Opinion No: 2008 NYSlipOp 84564(U) |
| Decided on September 29, 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 08-00396
Indictment No: 2003-138
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ROBERT H.
SMITH, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Livingston County Court, entered November 28, 2007,
Now, upon reading and filing the affidavit of Neal J. Mahoney, sworn to September 9, 2008, the notice of motion with proof of service thereof, the letter of Eric R. Schiener, dated September 17, 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 November 28, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 29, 2008
JoAnn M. Wahl, Clerk