THE PEOPLE V GARY E. DRAPER Indictment No: 5344
Motion No: KA 17-02059
Slip Opinion No: 2018 NY Slip Op 87654(U)
Decided on October 30, 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.


October 30, 2018

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

KA 17-02059

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

GARY E. DRAPER, DEFENDANT-APPELLANT.

Indictment No: 5344


Appellant having moved for an extension of time to perfect the appeal taken from the order of Genesee County Court, entered September 18, 2017,

Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated October 5, 2018, the notice of motion with proof of service thereof, the affirmation of Shirley A. Gorman, Esq., dated October 12, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before December 28, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 30, 2018

Mark W. Bennett, Clerk