| THE PEOPLE V ENRIQUE C. RUSH |
| Motion No: KA 10-00028 |
| Slip Opinion No: 2011 NY Slip Op 62476(U) |
| Decided on January 26, 2011 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 10-00028
SCI No: 2007-387
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ENRIQUE C.
RUSH, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Niagara County Court, rendered December 10, 2008,
Now, upon reading and filing the affidavit of Joseph G. Frazier, Esq. sworn to January 6, 2011, 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 May 26, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 26, 2011
Patricia L. Morgan, Clerk