| THE PEOPLE EX REL., JUAN CANDELARIA V ROBERT KIRKPATRICK |
| Motion No: KAH 08-01459 |
| Slip Opinion No: 2009 NYSlipOp 67597(U) |
| Decided on March 24, 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.
KAH 08-01459
Index No: 2008-2455
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., JUAN CANDELARIA,
PETITIONER-APPELLANT, V ROBERT KIRKPATRICK, RESPONDENT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County, rendered March 10, 2008,
Now, upon reading and filing the affirmation of Jeremy D. Schwartz, dated February 25, 2009, 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 May 22, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 24, 2009
JoAnn M. Wahl, Clerk