| THE PEOPLE V STEPHEN SIMON, ALSO KNOWN AS "LUCK" |
| Motion No: KA 08-01505 |
| Slip Opinion No: 2009 NY Slip Op 80529(U) |
| Decided on August 10, 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 08-01505
Indictment No: 2007-0950
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V STEPHEN
SIMON, ALSO KNOWN AS "LUCK", DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered June 11, 2008,
Now, upon reading and filing the affirmation of Kevin J. Bauer, dated July 24, 2009, the notice of motion with proof of service thereof, the letter of Donna A. Milling, dated August 4, 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 October 9, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 10, 2009
Patricia L. Morgan, Clerk