| THE PEOPLE V NATHANIEL GILBERT |
| Motion No: KA 09-00596 |
| Slip Opinion No: 2009 NY Slip Op 93020(U) |
| Decided on December 28, 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 09-00596
Indictment No: 0540-2001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V NATHANIEL
GILBERT, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Erie County, rendered February 27, 2009,
Now, upon reading and filing the affirmation of Timothy P. Murphy, dated December 9, 2009, the notice of motion with proof of service thereof, the letter of Donna A. Milling, dated December 14, 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 February 26, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 28, 2009
Patricia L. Morgan, Clerk