THE PEOPLE V MICHAEL D. PIERCE
Motion No: KA 08-02466
Slip Opinion No: 2009 NY Slip Op 76191(U)
Decided on June 22, 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.


June 22, 2009

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

KA 08-02466
Indictment No: 2005-135

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL D. PIERCE, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Lewis County Court, entered August 6, 2008,

Now, upon reading and filing the affirmation of Dennis A. Germain dated June 4, 2009, the notice of motion with proof of service thereof, the affidavit of John A. Cirando sworn to June 12, 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 August 21, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 22, 2009

Patricia L. Morgan, Clerk