Appellate Division: Second Judicial Department

M84250

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2007-03250 The People, etc., respondent, v Kevin Oliver, appellant. (Ind. No. 399/06)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Nassau County, rendered January 30, 2007. Separate motion by the appellant for "permission to use court [e]xhibits" to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motion to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until April 29, 2009; and it is further,

ORDERED that the motion for "permission to use court [e]xhibits" to perfect the appeal is denied as unnecessary as the court exhibits are part of the court file and the appellant was granted leave to prosecute the appeal on the original papers by decision and order on motion dated June 27, 2007.

RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

07-A-6260

Cape Vincent Corr. Facility

Route 12E, P.O. Box 739

Cape Vincent, NY 13618