| THE PEOPLE V DERRELL AUSTIN |
| Motion No: Indictment No: 95-0148-001 |
| Slip Opinion No: 2018 NY Slip Op 67198(U) |
| Decided on March 12, 2018 |
| 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.
Indictment No: 95-0148-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DERRELL AUSTIN,
DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of Erie County Court, entered March 16, 2017,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated February 26, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated March 1, 2018, 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 11, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 12, 2018
Mark W. Bennett, Clerk