THE PEOPLE V BRANDON DECAPUA
Motion No: KA 18-00869
Slip Opinion No: 2018 NY Slip Op 90306(U)
Decided on December 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.


December 3, 2018

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

KA 18-00869
Indictment No: 2017-7185 / Index No. 2018-000734

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRANDON DECAPUA, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Monroe County Court, entered January 31, 2018,

Now, upon reading and filing the affirmation of Timothy S. Davis, Esq., dated November 7, 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 January 11, 2019, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 3, 2018

Mark W. Bennett, Clerk