| THE PEOPLE V MICHAEL MONTALVO |
| Motion No: KA 09-00292 |
| Slip Opinion No: 2009 NY Slip Op 89064(U) |
| Decided on November 16, 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 09-00292
Indictment No: 2006-0016
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL
MONTALVO, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Monroe County Court, entered January 8, 2009,
Now, upon reading and filing the affirmation of James Eckert, dated October 27, 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 January 15, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 16, 2009
Patricia L. Morgan, Clerk