| THE PEOPLE V RYAN S. SMITH |
| Motion No: KA 09-02653 |
| Slip Opinion No: 2011 NY Slip Op 76426(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. |
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 09-02653
Indictment No: 2008-306
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RYAN S.
SMITH, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Niagara County Court, rendered November 17, 2009,
Now, upon reading and filing the affidavit of Mark D. Funk, Esq. sworn to May 19,2011, 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