| THE PEOPLE V EDWIN MONTANEZ |
| Motion No: KA 10-01395 |
| Slip Opinion No: 2011 NY Slip Op 63795(U) |
| Decided on February 7, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 10-01395
Indictment No: I07-457
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EDWIN
MONTANEZ, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Oneida County Court, entered October 2, 2009,
Now, upon reading and filing the affidavit of Donald R. Gerace, Esq. sworn to January 18, 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 April 8, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 7, 2011
Patricia L. Morgan, Clerk