| THE PEOPLE V MITCHELL X. NOEL |
| Motion No: KA 13-00700 |
| Slip Opinion No: 2013 NY Slip Op 84340(U) |
| Decided on September 4, 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 13-00700
SCI No: 11C-151
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MITCHELL X. NOEL, DEFENDANT-APPELLANT. |
Counsel for appellant having moved to extend the stay of the execution of the judgment of the Oswego County Court, rendered August 27, 2012, and for other relief,
Now, upon reading and filing the affirmation of Anthony J. DiMartino, Jr., Esq. dated August 19, 2013, the notice of motion with proof of service thereof, the statement of Mark Moody, Esq. dated August 21, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the stay granted by Justice McCarthy is extended on the condition that the appeal is perfected on or before January 2, 2014, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 4, 2013
Frances E. Cafarell, Clerk