THE PEOPLE V ANTONIO NUNES SCI No: 29649
Motion No: KA 08-01501
Slip Opinion No: 2010 NY Slip Op 85626(U)
Decided on October 20, 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.


October 20, 2010

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

KA 08-01501

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANTONIO NUNES, DEFENDANT-APPELLANT.

SCI No: 29649


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered May 28, 2008,

Now, upon reading and filing the affirmation of Frank Housh, Esq. dated August 31, 2009, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to September 13, 2010, 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 January 14, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

MEMORANDUM: The appeal should be perfected within the time frame set forth in this order.

Entered: October 20, 2010

Patricia L. Morgan, Clerk