THE PEOPLE V DEYON T. ROBERTS
Motion No: KA 11-00577
Slip Opinion No: 2013 NY Slip Op 65155(U)
Decided on February 20, 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.


February 20, 2013

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

KA 11-00577
Indictment No: 2009-2506

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DEYON T. ROBERTS, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered March 4, 2011,

Now, upon reading and filing the affirmation of Kevin J. Bauer, Esq. dated January 24, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated January 29, 2013, 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 22, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 20, 2013

Frances E. Cafarell, Clerk