| PEOPLE V BENJAMIN RIVERA Indictment No: 0687/88 |
| Motion No: KA 07-00779 |
| Slip Opinion No: 2009 NYSlipOp 67573(U) |
| Decided on March 16, 2009 |
| 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 07-00779
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BENJAMIN
RIVERA, DEFENDANT-APPELLANT. Indictment No: 0687/88 |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Monroe County Court, entered March 14, 2007,
Now, upon reading and filing the affirmation of Gary Muldoon, dated March 3, 2009, the notice of motion with proof of service thereof, the letter of Leslie E. Swift, dated March 4, 2009, 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 May 15, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 16, 2009
JoAnn M. Wahl, Clerk