THE PEOPLE V LINCOLN ABLACK THE PEOPLE V LINCOLN C. ABLACK (APPEAL NO. 2.)
Motion No: KA 13-00487
Slip Opinion No: 2014 NY Slip Op 72858(U)
Decided on May 21, 2014
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.


May 21, 2014

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

KA 13-00487
Indictment No: 2011-00953
KA 13-00488
Indictment No: 2011-01560

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

LINCOLN ABLACK, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

LINCOLN C. ABLACK, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved for an extension of time to perfect the appeals taken from the judgments of Supreme Court, Erie County rendered August 2, 2012, and for other relief,

Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., Esq. dated April 22, 2014, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated April 30, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeals on or before August 19, 2014, and in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the appeals from the judgments rendered August 2, 2012 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 21, 2014

Frances E. Cafarell, Clerk