THE PEOPLE V THOMAS C. SCHELL
Motion No: KA 09-02216
Slip Opinion No: 2009 NY Slip Op 89069(U)
Decided on November 16, 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.


November 16, 2009

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

KA 09-02216
Indictment No: 2008-0900

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

THOMAS C. SCHELL, DEFENDANT-APPELLANT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Supreme Court, Monroe County, rendered February 13, 2009,

Now, upon reading and filing the affidavit of Thomas C. Schell, sworn to October 22, 2009, the notice of motion with proof of service thereof, the answering letter of Nicole M. Fantigrossi, dated November 2, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and Thomas C. Schell is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before December 16, 2009.

Entered: November 16, 2009

Patricia L. Morgan, Clerk