THE PEOPLE V GARY D. LITZENBERGER Indictment No: 3719B
Motion No: KA 10-01146
Slip Opinion No: 2010 NY Slip Op 79387(U)
Decided on August 10, 2010
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.


August 10, 2010

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

KA 10-01146

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

GARY D. LITZENBERGER, DEFENDANT-APPELLANT.

Indictment No: 3719B


Appellant having moved for an extension of time to perfect the appeal taken from an order of Genesee County Court, entered October 19, 2009,

Now, upon reading and filing the affirmation of Bridget L. Field, Esq. dated July 29, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before November 8, 2010, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 10, 2010

Patricia L. Morgan, Clerk