| THE PEOPLE V JOSUE ENCARNACION |
| Motion No: KA 16-01321 |
| Slip Opinion No: 2017 NY Slip Op 69104(U) |
| Decided on March 28, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 16-01321
Indictment No: 85-1017
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSUE
ENCARNACION, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the order of Supreme Court, Erie County, dated June 6, 2016, and entered June 7, 2016,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. filed March 9, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 9, 2017, 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 May 30, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 28, 2017
Frances E. Cafarell, Clerk