Opinion
KA 12-00588 Indictment No: 2010-2794
10-16-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHNNIE E. SMALL, 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 Erie County Court, rendered September 6, 2011,
Now, upon reading and filing the affirmation of Kevin J. Bauer, Esq. dated September 26, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 1, 2013, 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 December 16, 2013, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Frances E. Cafarell, Clerk