Opinion
Motion No: KA 10-02198 SCI No: 08-141
01-18-2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MICHAEL CALDWELL, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Herkimer County Court, rendered March 30, 2009,
Now, upon reading and filing the affirmation of Peter J. DiGiorgio, Jr., Esq. dated December 29, 2011, 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 April 17, 2012, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Frances E. Cafarell, Clerk