THE PEOPLE V PHILLIP DONDORFER
Motion No: KA 23-01056
Slip Opinion No: 2024 NY Slip Op 61068(U)
Decided on January 16, 2024
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 16, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.

KA 23-01056

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

V

PHILLIP DONDORFER, DEFENDANT-RESPONDENT.

Indictment No: 8847


Respondent having moved to dismiss the appeal taken herein from a judgment of the Wyoming County Court, rendered June 12, 2023, on the ground that appellant has failed to timely perfect the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,

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

It is hereby ORDERED that the motion is denied, and

It is further ORDERED that the cross-motion is granted, the time to perfect the appeal is extended to March 12, 2024, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 16, 2024

Ann Dillon Flynn

Clerk of the Court