| THE PEOPLE V MICHAEL J. DIFALCO |
| Motion No: KA 10-01042 |
| Slip Opinion No: 2010 NY Slip Op 87688(U) |
| Decided on November 8, 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-01042
SCI No: 08-42
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL J.
DIFALCO, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Genesee County Court, entered April 7, 2010, and for other relief,
Now, upon reading and filing the affirmation of Bridget L. Field, Esq. dated October 26, 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 February 7, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the notice of appeal filed on April 13, 2010, which contains an inaccurate indictment number, shall be treated as valid as to the order of Genesee County Court entered April 7, 2010 (see CPLR 5520 [c]).
Entered: November 8, 2010
Patricia L. Morgan, Clerk