THE PEOPLE V KENNETH M. IRVINE
Motion No: KA 17-01713
Slip Opinion No: 2018 NY Slip Op 88877(U)
Decided on November 14, 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.


November 14, 2018

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

KA 17-01713
SCI No: 2017-3169/Index No. 2017/004172

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KENNETH M. IRVINE, 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, 2017,

Now, upon reading and filing the affirmation of Timothy S. Davis, Esq. dated October 19, 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 December 3, 2018, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 14, 2018

Mark W. Bennett, Clerk