Grembergen v. State

Motion to vacate dismissal of appeal granted on condition appeal is perfected on or before January 8, 1991. Memorandum: Although claimant’s excuse for the delay is weak, we note that the abandonment was recent. We strongly advise all appellate counsel that the prudent practice is to move to extend the time to perfect the appeal before the nine-month period has expired (see, 22 NYCRR 1000.3 [b] [2] [i]). Present—Callahan, J. P., Boomer, Pine, Balio and Lawton, JJ. (Order entered Nov. 8,1990.)