| THE PEOPLE V JIMMY DEAN RUSSELL |
| Motion No: KA 12-00926 |
| Slip Opinion No: 2013 NY Slip Op 61791(U) |
| Decided on January 14, 2013 |
| 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 12-00926
Indictment No: 05-27
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JIMMY DEAN RUSSELL, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Orleans County Court, entered May 8, 2012,
Now, upon reading and filing the affidavit of Matthew T. Austin, Esq. sworn to December 29, 2012, 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 12, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 14, 2013
Frances E. Cafarell, Clerk