Last updated: 3/31/2014
Motion For Extension Of Time To Perfect Appeal
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Description
STATE OF NEW YORK APPELLATE DIVISION SUPREME COURT THIRD DEPARTMENT THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v , Appellant. Motion for Extension of Time to Perfect Appeal PLEASE TAKE NOTICE that, upon the annexed affidavit dated the _____ day of , 20 , a motion pursuant to § 800.14 (c) of this Court's Rules of Practice will be made to this Court, at a term hereof to be held in the City of Albany, New York, on the ____ day of , 20 , for an order granting an extension of time to perfect the appeal. AFFIRMATION IN SUPPORT OF MOTION , Esq., an attorney admitted to practice law in the State of new York, affirms the following to be true, under penalty of perjury: 1. That I was assigned by this Court by order dated to represent appellant upon this appeal. 2. 3. That this affirmation is made in support of a motion for an extension of time to perfect the appeal. That the appeal is from a judgment of the County Court, rendered , convicting defendant after trial/guilty plea* of the crime(s) of 4. 5. 6. A notice of appeal was filed on Defendant is incarcerated/free on bail.* That the County Clerk ordered two copies of the minutes from the court reporter(s) on . . 7. That the minutes were taken by the following court reporter(s): * Strike out whichever is inapplicable. Revised: February 19, 2014 1 American LegalNet, Inc. www.FormsWorkFlow.com 8. 9. That the complete minutes were filed on That court reporter(s) . . has/have* not filed the following minutes:** , but has/have* informed affiant that they will be filed by . 10. That an extension of time to perfect the appeal is being sought for the following reasons: WHEREFORE, affiant requests an extension of time to perfect the appeal in this matter to .*** Dated: (Signature) (Print Name) (Address) (Telephone) * Strike out whichever is inapplicable. ** Identify by date and nature; i.e., arraignment, suppression, trial, plea, sentence *** Proof of Service upon the District Attorney and appellant must be filed with motion. Revised: February 19, 2014 2 American LegalNet, Inc. www.FormsWorkFlow.com AFFIDAVIT OF SERVICE OF MAILING STATE OF NEW YORK COUNTY OF ) ) ss.: , being duly sworn, deposes and says: On the day of , 20 , I served a true copy of the annexed notice of motion and supporting affidavit by mailing the same in a sealed envelope, with postage prepaid thereon, in a post office or official depository of the U.S. Postal Service within the State of New York, addressed to the last known addressee(s) as indicated below: (Insert here the name[s] and address[es] of the person[s] to whom you are mailing the papers being filed with this Court. If necessary, attach extra pages for additional names and addresses.) Name & Address Name & Address (Signature) (Print Name) Sworn to before me this day of , 20 . Notary Public Revised: February 19, 2014 3 American LegalNet, Inc. www.FormsWorkFlow.com