| THE PEOPLE V LEE O. MAY |
| Motion No: KA 09-00601 |
| Slip Opinion No: 2009 NY Slip Op 91538(U) |
| Decided on December 14, 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 09-00601
Indictment No: 1628-2005
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V LEE O. MAY,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Erie County, entered February 23, 2009,
Now, upon reading and filing the undated affirmation of Gail R. Breen, 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 February 16, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 14, 2009
Patricia L. Morgan, Clerk