PEOPLE V JOSEPH G. MCCLAM
Motion No: KA 08-00335
Slip Opinion No: 2008 NYSlipOp 88946(U)
Decided on November 10, 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.


November 10, 2008

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

KA 08-00335
Indictment No: 02-01-056

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSEPH G. MCCLAM, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Ontario County Court, rendered January 25, 2008,

Now, upon reading and filing the affirmation of John E. Tyo, dated October 6, 2008, the notice of motion with proof of service thereof, the letter of John E. Tyo, dated October 20, 2008, 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 January 9, 2009, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 10, 2008

JoAnn M. Wahl, Clerk