| THE PEOPLE V DEMARIO SMITH |
| Motion No: KA 14-00968 |
| Slip Opinion No: 2015 NY Slip Op 84085(U) |
| Decided on September 9, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
KA 14-00968
Indictment No: 2012-01001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DEMARIO SMITH,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered November 22, 2013,
Now, upon reading and filing the affirmation of David M. Abbatoy, Esq. dated August 20, 2015, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated August 27, 2015, 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 November 9, 2015, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 9, 2015
Frances E. Cafarell, Clerk