People of State of New York v Delaney
Motion No: 2007-08871
Slip Opinion No: 2009 NYSlipOp 62111(U)
Decided on January 28, 2009
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81620

E/nl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2007-08871

People of State of New York, respondent,

v David Delaney, appellant.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the County Court, Westchester County, entered January 4, 2005, for failure to timely perfect the same.

Upon the papers filed in support of the motion and the stipulation of the parties dated January 8, 2009, it is

ORDERED that the motion is denied in light of the stipulation between the parties enlarging the appellant's time to perfect the appeal to March 9, 2009.

SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court