| People of State of New York v Kevin Mcnerney |
| Motion No: 2008-01008 NCR 10-27-2008 |
| Slip Opinion No: 2008 NYSlipOp 89335(U) |
| Decided on November 12, 2008 |
| Appellate Term, Second 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- KEVIN McNERNEY, Appellant. |
DECISION
On this court's own motion, the order of this court dated October 21, 2008 is recalled and vacated and the following substituted therefor:
That branch of the motion by appellant for an enlargement of time to perfect appeal is granted and appeal shall be perfected by January 2, 2009.
That branch of the motion for leave to submit the appeal on an abridged record dispensing with the minutes of the trial is denied.