THE PEOPLE V KYLE MILLER
Motion No: KA 17-02062
Slip Opinion No: 2018 NY Slip Op 77076(U)
Decided on July 3, 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.


July 3, 2018

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

KA 17-02062
SCI No: 01-73

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KYLE MILLER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Cattaraugus County Court, entered September 5, 2017,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated June 8, 2018, 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 September 4, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 3, 2018

Mark W. Bennett, Clerk