PEOPLE V RHONDA L. NICKELL
Motion No: KA 07-02093
Slip Opinion No: 2008 NYSlipOp 86390(U)
Decided on October 14, 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.


October 14, 2008

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

KA 07-02093
Indictment No: 05-068-A

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RHONDA L. NICKELL, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Herkimer County Court, rendered June 1, 2006,

Now, upon reading and filing the affidavit of John A. Herbowy, sworn to September 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 on the condition that appellant perfect the appeal on or before December 12, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 14, 2008

JoAnn M. Wahl, Clerk