| THE PEOPLE V MICHAEL CRUZ |
| Motion No: KA 11-02526 |
| Slip Opinion No: 2013 NY Slip Op 69472(U) |
| Decided on April 2, 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 11-02526
Indictment No: 11-049
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MICHAEL CRUZ, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Cattaraugus County Court, rendered November 1, 2011,
Now, upon reading and filing the affidavit of Jay D. Carr, Esq. sworn to March 4, 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 on the condition that appellant perfect the appeal on or before June 3, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 2, 2013
Frances E. Cafarell, Clerk