PEOPLE V TRISTAN MCCALLAR
Motion No: KA 07-00257
Slip Opinion No: 2007 NYSlipOp 85414(U)
Decided on December 3, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


December 3, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

KA 07-00257
Indictment No: 2004-2449-002

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TRISTAN MCCALLAR, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court entered in the Office of the Clerk of the County of Erie on November 16, 2006,

Now, upon reading and filing the affirmation of David J. Pajak, dated November 7, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted on the condition that appellant perfect the appeal on or before February 1, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 3, 2007

JoAnn M. Wahl, Clerk