| THE PEOPLE V RICHARD KIRK, SR. |
| Motion No: KA 08-01439 |
| Slip Opinion No: 2009 NY Slip Op 79927(U) |
| Decided on August 3, 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 08-01439
Indictment No: 07C-122
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD
KIRK, SR., DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oswego County Court, rendered March 19, 2008,
Now, upon reading and filing the affidavit of Rebecca A. Crance, sworn to July 17, 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 October 2, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 3, 2009
Patricia L. Morgan, Clerk