THE PEOPLE V TOMMY ESQUERDO
Motion No: KA 08-01386
Slip Opinion No: 2009 NY Slip Op 78172(U)
Decided on July 13, 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.


July 13, 2009

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

KA 08-01386
Indictment No: 07-199

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TOMMY ESQUERDO, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered January 29, 2008,

Now, upon reading and filing the affidavit of Donald R. Gerace, sworn to June 19, 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 September 11, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 13, 2009

Patricia L. Morgan, Clerk