| THE PEOPLE V RICHARD E. AIKEY, JR -. |
| Motion No: KA 09-00903 |
| Slip Opinion No: 2009 NY Slip Op 76912(U) |
| Decided on May 27, 2009 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 09-00903
Indictment No: 08-04-040
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD E.
AIKEY, JR DEFENDANT-APPELLANT. |
Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Ontario County Court, rendered October 22, 2008,
Now, upon reading and filing the affidavit of Richard E. Aikey, Jr. sworn to April 30, 2009, letter of R. Michael Tantillo, dated May 19, 2009 and the notice of motion with proof of service thereof, the answering affidavit of James E. Miller sworn to May 22, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the notice of appeal filed on December 3, 2008 and served on November 21, 2008 is hereby deemed timely filed and served.
Entered: May 27, 2009
Patricia L. Morgan, Clerk