Notice Of Motion Extend Time Perfect Appeal Affidavits Support ServiceStart Your Free Trial $ 17.99
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October 2018SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION, FOURTH DEPARTMENT ) NOTICE OF MOTION TOTHE PEOPLE OF THE STATE OF NEW YORK, ) EXTEND TIME TORespondent, ) PERFECT APPEAL) V) # ) (Insert SCI/Waiver or ) Indictment Number) , ) Defendant-Appellant. ) # ) (Insert AD Docket Number)PLEASE TAKE NOTICE, that upon the annexed affidavit(s), the undersigned willmove this Court at a term of the Appellate Division, 50 East Avenue, Rochester, New York, 14604 on the day of , 20 , for an order grantingappellate counsel an extension of time to perfect the appeal, and for such other andfurther relief as to the Court may seem just and proper.PLEASE TAKE FURTHER NOTICE, that this motion will be submitted withoutoral argument (see 22 NYCRR 1250.4 [a] ). The original answering affidavits, if any,must be filed with the Court by 4:00 p.m. of the business day preceding the return date(see 22 NYCRR 1250.4 [a] ). Dated: , 20 (Name and address of moving party or attorney) TO: County District Attorney American LegalNet, Inc. www.FormsWorkFlow.com October 2018SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION, FOURTH DEPARTMENT ) AFFIDAVIT IN SUPPORT OFTHE PEOPLE OF THE STATE OF NEW YORK, ) MOTION TO EXTEND TIMERespondent, ) TO PERFECT APPEAL ) V ) # ) (Insert SCI/Waiver or ) Indictment Number) , ) Defendant-Appellant. ) # ) (Insert AD Docket Number)STATE OF NEW YORK COUNTY OF ss: , being duly sworn, deposes andsays:1. That I am an attorney and was assigned by the Appellate Division by order entered to represent the above-namedappellant upon this appeal.2. That this affidavit is made in support of a motion for an extension of time toperfect the appeal. 3. That the appeal is from (insert order/judgment) of the (insert Court) (Hon. , J.), entered , 20 , (insert by plea/after trial) convicting defendant of the crime(s) of , and sentencing (insert him or her) to a term(s) of . 4. A notice of appeal was filed on (insert date) , 20 , and was served on (insert date) , 20 . Defendant (insert wasreleased on bail /is incarcerated). 5. The complete transcript of stenographic minutes was filed on . 6. The current due date for perfection of the appeal is ,and (check one of the following)G no prior extensions have been granted by the Court G a prior extension was granted by the Court on . 7. That the reason for the delay in perfecting this appeal is: American LegalNet, Inc. www.FormsWorkFlow.com .(If the reason for the delay is that transcripts are missing or have not been filed, list thename[s] of the court reporter[s] and the specific minutes that have not been filed [e.g.,arraignment, suppression, trial, plea, sentence] and any anticipated filing date).WHEREFORE, deponent requests an extension of time to perfect this appeal to (insert date) 20 . Dated: , 20 Counsel for Defendant-AppellantSworn to before me this day of , 20 NOTARY PUBLIC/COMMISSIONER OF DEEDS My commission expires: 2 American LegalNet, Inc. www.FormsWorkFlow.com SUPREME COURT OF THE STATE OF NEW YORKOctober 2018APPELLATE DIVISION, FOURTH DEPARTMENT ) AFFIDAVIT OF SERVICETHE PEOPLE OF THE STATE OF NEW YORK, ) OF MOTION TO EXTENDRespondent, ) TIME TO PERFECT APPEAL) V) # ) (Insert SCI/Waiver or) Indictment Number) , ) Defendant-Appellant.) # ) (Insert AD Docket Number)STATE OF NEW YORK) COUNTY OF ) ss.: , being duly sworn, deposes and says that (s)he is not a party to this action, is over 18 years of age, and resides at . That on the day of , 20 , your deponent served the withinMotion to Extend Time to Perfect Appeal by depositing a true copy thereof enclosed in apost-paid wrapper in an official depository under the exclusive care and custody of theU.S. Postal Service within New York State, addressed to each of the following partiesand/or their attorneys at the last known address set forth after each name: (PRINT NAME BELOW SIGNATURE)Sworn to before me this day of , 20 NOTARY PUBLIC/COMMISSIONER OF DEEDS My commission expires: American LegalNet, Inc. www.FormsWorkFlow.com