| THE PEOPLE V ROBERT MERKLEY |
| Motion No: KA 13-01803 |
| Slip Opinion No: 2014 NY Slip Op 77109(U) |
| Decided on June 30, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 13-01803
Indictment No: 12-01-009
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ROBERT MERKLEY, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Ontario County Court, entered September 18, 2013,
Now, upon reading and filing the affidavit of Martin P. McCarthy, Esq. sworn to June 16, 2014, 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 August 29, 2014, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 30, 2014
Frances E. Cafarell, Clerk