THE PEOPLE V STEPHEN L. MYERS
Motion No: KA 07-01041 & KA 07-01042
Slip Opinion No: 2008 NYSlipOp 91588(U)
Decided on December 2, 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.


December 2, 2008

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

KA 07-01041 & KA 07-01042
Indictment Nos: 06-239 & 06-237

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEPHEN L. MYERS, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeals taken from the judgments of the Jefferson County Court, rendered March 26, 2007,

Now, upon reading and filing the affirmation of Greg T. Rinckey, dated October 23, 2008, the notice of motion with proof of service thereof, the letter of Cindy F. Intschert, dated October 14, 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 the appeals are perfected on or before February 2, 2009.

Entered: December 2, 2008

JoAnn M. Wahl, Clerk