| THE PEOPLE V ERNEST LOTT |
| Motion No: KA 16-02248 |
| Slip Opinion No: 2017 NY Slip Op 81607(U) |
| Decided on July 31, 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 16-02248
Indictment No: 91-0382
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERNEST LOTT,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Erie County Court, entered September 28, 2016,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated July 11, 2017, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 17, 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 September 29, 2017, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 31, 2017
Frances E. Cafarell, Clerk