THE PEOPLE V NELSON VILLANEUVA
Motion No: KA 10-00420
Slip Opinion No: 2012 NY Slip Op 61845(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.


January 18, 2012

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

KA 10-00420
Indictment No: 09-10-149

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

NELSON VILLANEUVA, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Ontario County Court, rendered February 3, 2010,

Now, upon reading and filing the affidavit of David M. Palmiere, Esq. sworn to November 28, 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