| THE PEOPLE V DAVID E. SCHMIDT |
| Motion No: KA 16-01989 |
| Slip Opinion No: 2017 NY Slip Op 81614(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 16-01989
Indictment/ SCI No: 2014-3552
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID E. SCHMIDT,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Monroe County Court, entered August 3, 2016,
Now, upon reading and filing the affirmation of Kimberly F. Duguay, Esq. dated July 11, 2017, 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 October 30, 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