| PEOPLE V JAMES C. HYMES |
| Motion No: KA 05-01420 |
| Slip Opinion No: 2009 NYSlipOp 67601(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.
KA 05-01420
Indictment No: I04-479
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES C. HYMES,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered June 1, 2005,
Now, upon reading and filing the affidavit of F. Christopher Giruzzi, sworn to March 6, 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