PEOPLE V SHAWN KELLEY
Motion No: KA 07-01924
Slip Opinion No: 2008 NYSlipOp 77363(U)
Decided on July 9, 2008
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.


July 9, 2008

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

KA 07-01924
Indictment No: 2007-0286, Index No. 07-4474

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SHAWN KELLEY, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Monroe County Court entered in the Office of the Clerk of the County of Monroe on August 14, 2007,

Now, upon reading and filing the affirmation of James Eckert, dated June 23, 2008, 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 September 8, 2008, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 9, 2008

JoAnn M. Wahl, Clerk