THE PEOPLE V MICHAEL SWEAT
Motion No: KA 16-01335
Slip Opinion No: 2016 NY Slip Op 84200(U)
Decided on August 30, 2016
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.


August 30, 2016

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

KA 16-01335
Indictment No: 2015-1802

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

V

MICHAEL SWEAT, DEFENDANT-RESPONDENT.


Appellant having moved for an extension of time to perfect the appeal taken from the decision and order of Supreme Court, Erie County, dated May 16, 2016 and entered June 14, 2016,

Now, upon reading and filing the affidavit of Nicholas T. Texido, Esq. sworn to August 3, 2016, 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 September 29, 2016, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 30, 2016

Frances E. Cafarell, Clerk