IN THE MATTER OF EDWARD TREAT
Motion No: CA 11-00590
Slip Opinion No: 2011 NY Slip Op 89138(U)
Decided on November 9, 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.


November 9, 2011

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

DOCKET NO. CA 11-00590

IN THE MATTER OF EDWARD TREAT



STATE OF NEW YORK, PETITIONER-RESPONDENT,

EDWARD TREAT, RESPONDENT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 22, 2010,

Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to October 21, 2011, and 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 and appellant shall perfect the appeal on or before December 30, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 9, 2011

Patricia L. Morgan, Clerk