| THE PEOPLE V MICAIAH ALLEN SCI No: 16152 |
| Motion No: KA 08-01831 |
| Slip Opinion No: 2008 NYSlipOp 89472(U) |
| Decided on November 17, 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 08-01831
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICAIAH
ALLEN, DEFENDANT-APPELLANT. SCI No: 16152 |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County, rendered September 15, 1998,
Now, upon reading and filing the affidavit of Nicholas T. Texido, sworn to November 6, 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 February 13, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 17, 2008
JoAnn M. Wahl, Clerk