THE PEOPLE V GREGORY HARVEY
Motion No: KA 09-01058
Slip Opinion No: 2011 NY Slip Op 76415(U)
Decided on June 20, 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.


June 20, 2011

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

KA 09-01058
Indictment No: 06-26

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

GREGORY HARVEY, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Herkimer County Court, rendered June 14, 2007,

Now, upon reading and filing the affidavit of John A. Herbowy, Esq. sworn to May 12, 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 September 19, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 20, 2011

Patricia L. Morgan, Clerk