THE PEOPLE V DAVID J. WITHEROW
Motion No: KA 19-00167 and KA 19-01396
Slip Opinion No: 2021 NY Slip Op 61706(U)
Decided on February 9, 2021
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.


February 9, 2021

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

KA 19-00167 and KA 19-01396
Indictment No: 17-07-102

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAVID J. WITHEROW, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Ontario County Court rendered March 30, 2018, and an order of the Ontario County Court, dated July 19, 2018,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, the time to perfect the appeal is extended to May 3, 2021, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 9, 2021

Mark W. Bennett

Clerk of the Court