THE PEOPLE V JUSTIN M. NICHOLS
Motion No: KA 15-00937
Slip Opinion No: 2016 NY Slip Op 93686(U)
Decided on December 5, 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.


December 5, 2016

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

KA 15-00937
Indictment No: 2014-37

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JUSTIN M. NICHOLS, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Steuben County Court, rendered October 31, 2014,

Now, upon reading and filing the affidavit of Guy A. Talia, Esq. sworn to November 22, 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 February 3, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 5, 2016

Frances E. Cafarell, Clerk