THE PEOPLE V MATTHEW LOUIS LOMAGLIO
Motion No: KA 18-02297
Slip Opinion No: 2019 NY Slip Op 62874(U)
Decided on January 11, 2019
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.


January 11, 2019

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

KA 18-02297
Indictment No: 2012-0972

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MATTHEW LOUIS LOMAGLIO, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the decision and order of Supreme Court, Monroe County, dated May 22, 2017, and entered May 24, 2017,

Now, upon reading and filing the affirmation of David M. Abbatoy, Jr., Esq., dated December 1, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the dismissal of the appeal is vacated, and

It is further ORDERED that the motion is granted, on the condition that the appeal is perfected on or before March 12, 2019.

Entered: January 11, 2019

Mark W. Bennett, Clerk