| THE PEOPLE V MICHAEL CALDWELL |
| Motion No: KA 10-02198 |
| Slip Opinion No: 2012 NY Slip Op 61834(U) |
| Decided on January 18, 2012 |
| 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 10-02198
SCI No: 08-141
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL
CALDWELL, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Herkimer County Court, rendered March 30, 2009,
Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., Esq. dated December 29, 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 17, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 18, 2012
Frances E. Cafarell, Clerk