| THE PEOPLE V DORIAN FACEN SCI No: 17107 |
| Motion No: KA 08-01905 |
| Slip Opinion No: 2008 NYSlipOp 89483(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 08-01905
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DORIAN
FACEN, DEFENDANT-APPELLANT. SCI No: 17107 |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered August 18, 1999,
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 January 23, 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