| THE PEOPLE V NEWNON FLAX |
| Motion No: KA 18-00304 |
| Slip Opinion No: 2018 NY Slip Op 89754(U) |
| Decided on November 28, 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.
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 an order of the Erie County Court, entered September 22, 2017,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq., dated November 13, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated November 16, 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 February 19, 2019, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 28, 2018
Mark W. Bennett, Clerk