THE PEOPLE V CHRISTOPHER DIAZ Indictment No: 05/0218
Motion No: KA 11-00174
Slip Opinion No: 2013 NY Slip Op 66508(U)
Decided on February 27, 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 27, 2013

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

KA 11-00174

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTOPHER DIAZ, DEFENDANT-APPELLANT.

Indictment No: 05/0218


Appellant having moved for an extension of time to perfect the appeal taken from an order of Monroe County Court, dated January 6, 2011, and for other relief,

Now, upon reading and filing the affidavit of Christopher Diaz sworn to February 2, 2013, 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 to the extent that appellant perfect the appeal on or before July 8, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion is otherwise denied.

Entered: February 27, 2013

Frances E. Cafarell, Clerk