THE PEOPLE V THOMAS GREGORY Indictment No: 90-W0382
Motion No: KA 08-00527
Slip Opinion No: 2008 NYSlipOp 92404(U)
Decided on December 15, 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.


December 15, 2008

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

KA 08-00527

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

THOMAS GREGORY, DEFENDANT-APPELLANT.

Indictment No: 90-W0382


Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Monroe County, entered February 21, 2008,

Now, upon reading and filing the affirmation of James Eckert, dated December 1, 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: December 15, 2008

JoAnn M. Wahl, Clerk