October 2018
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION, FOURTH DEPARTMENT
) NOTICE OF MOTION TO
THE PEOPLE OF THE STATE OF NEW YORK, ) EXTEND TIME TO
Respondent, ) 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 will
move this Court at a term of the Appellate Division, 50 East Avenue, Rochester, New
York, 14604 on the day of , 20 , for an order granting
appellate counsel an extension of time to perfect the appeal, and for such other and
further relief as to the Court may seem just and proper.
PLEASE TAKE FURTHER NOTICE, that this motion will be submitted without
oral argument (see 22 NYCRR 1250.4 [a] [8]). 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] [5]).
Dated: , 20
(Name and address of moving party or attorney)
TO: County District Attorney
American LegalNet, Inc.
www.FormsWorkFlow.com
October 2018
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION, FOURTH DEPARTMENT
) AFFIDAVIT IN SUPPORT OF
THE PEOPLE OF THE STATE OF NEW YORK, ) MOTION TO EXTEND TIME
Respondent, ) 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:
1. That I am an attorney and was assigned by the Appellate Division by order
entered to represent the above-named
appellant upon this appeal.
2. That this affidavit is made in support of a motion for an extension of time to
perfect 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 was
released 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 the
name[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-Appellant
Sworn 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 YORK October 2018
APPELLATE DIVISION, FOURTH DEPARTMENT
) AFFIDAVIT OF SERVICE
THE PEOPLE OF THE STATE OF NEW YORK, ) OF MOTION TO EXTEND
Respondent , ) 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 within
Motion to Extend Time to Perfect Appeal by depositing a true copy thereof enclosed in a
post-paid wrapper in an official depository under the exclusive care and custody of the
U.S. Postal Service within New York State, addressed to each of the following parties
and/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
