| THE PEOPLE V FRANK GARCIA |
| Motion No: KA 10-00517 |
| Slip Opinion No: 2011 NY Slip Op 91822(U) |
| Decided on December 1, 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 10-00517
Indictment No: 09-01-023
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANK
GARCIA, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Ontario County rendered September 1, 2009,
Now, upon reading and filing the affirmation of John E. Tyo, Esq, dated October 14, 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 29, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 1, 2011
Patricia L. Morgan, Clerk