THE PEOPLE V NEWNON FLAX
Motion No: KA 18-00304
Slip Opinion No: 2018 NY Slip Op 81230(U)
Decided on August 20, 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.


August 20, 2018

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

KA 18-00304
Indictment No: 87-889-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

NEWNON FLAX, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Erie County Court, entered September 22, 2017,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated July 30, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated August 6, 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 November 19, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 20, 2018

Mark W. Bennett, Clerk