THE PEOPLE V JANE HILBURN
Motion No: KA 08-01580 & KA 08-01581
Slip Opinion No: 2009 NY Slip Op 79382(U)
Decided on July 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.


July 27, 2009

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

KA 08-01580 & KA 08-01581
Indictment No: 07-75 & SCI No. 06-W42

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JANE HILBURN, DEFENDANT-APPELLANT.


Appellant having moved pursuant to CPL 460.10 (6) for an extension the time to serve a notice of appeal from the judgments of Wayne County Court, rendered August 7, 2007,

Now, upon reading and filing the affidavit of James S. Kernan, sworn to July 16, 2009, the notice of motion with proof of service thereof, 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 served upon the District Attorney's Office on April 7, 2009 is deemed timely served.

Entered: July 27, 2009

Patricia L. Morgan, Clerk