In the Matter of James X. Alleged to Be a Juvenile Delinquent. Daniel J. Tuczinski as Columbia County Attorney; James X..

Motion No: 505743

Slip Opinion No: 2009 NY Slip Op 88503(U)

Decided on November 12, 2009

Appellate Division, Third 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.

Decided and Entered: November 12, 2009

Case # 505743

In the Matter of JAMES X., Alleged to be a Juvenile Delinquent. DANIEL J. TUCZINSKI, as Columbia County Attorney, Respondent; JAMES X., Appellant.

DECISION AND ORDER ON MOTION

Motion to accept notice of appeal as a valid notice of appeal from the order in docket number D-00653-08 and to accept record on appeal as filed.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to accept the notice of appeal as a valid notice of appeal from the order in docket number D-00653-08 is denied, without costs, and it is further

ORDERED that the motion to accept the record on appeal is denied, without costs, and without prejudice to a motion to the court of original instance to settle the record on appeal in the event the parties are unable to stipulate to the record on appeal as concerns the appeal taken from the order in docket number D-00652-08. The time to perfect the appeal is extended to January 11, 2010.

CARDONA, P.J., KANE, MALONE JR., STEIN and GARRY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court