THE PEOPLE V LEPOLIA J. SPENCER
Motion No: KA 11-00147
Slip Opinion No: 2013 NY Slip Op 89210(U)
Decided on October 21, 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.


October 21, 2013

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

KA 11-00147
Indictment No: I09-277

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

LEPOLIA J. SPENCER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Oneida County Court, rendered January 21, 2010,

Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Esq. dated October 1, 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 December 20, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 21, 2013

Frances E. Cafarell, Clerk