| THE PEOPLE V JOHN R. MCLELLAN |
| Motion No: KA 09-01060 |
| Slip Opinion No: 2009 NY Slip Op 85288(U) |
| Decided on September 18, 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 09-01060
Indictment No: 08-67
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN R.
MCLELLAN, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Orleans County Court, rendered February 27, 2009,
Now, upon reading and filing the affidavit of J. Michael Chamblee, sworn to August 12, 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 dismissal of the appeal is vacated on the condition that the appeal is perfected on or before December 18, 2009.
Entered: September 18, 2009
Patricia L. Morgan, Clerk