| THE PEOPLE V JOHN R. MCLELLAN |
| Motion No: KA 09-01060 |
| Slip Opinion No: 2009 NY Slip Op 76942(U) |
| Decided on June 8, 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. |
KA 09-01060
Indictment No: 08-67
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN R.
MCLELLAN, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Orleans County Court, rendered February 27, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Joseph V. Cardone dated May 20, 2009, the notice of motion with proof of service thereof, the opposing affidavit of J. Michael Chamblee sworn to June 5, 2009,
It is hereby ORDERED that the motion be and the same hereby is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 7, 2009.
Entered: June 8, 2009
Patricia L. Morgan, Clerk