THE PEOPLE V DAVID J. STEINMETZ
Motion No: KA 09-00396
Slip Opinion No: 2009 NY Slip Op 90180(U)
Decided on December 1, 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.


December 1, 2009

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

KA 09-00396
Indictment No: 2002-121

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAVID J. STEINMETZ, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Steuben County Court, entered January 29, 2009,

Now, upon reading and filing the affirmation of James S. Hinman, dated November 9, 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 11, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 1, 2009

Patricia L. Morgan, Clerk