IN THE MATTER OF STATE OF NEW YORK V DUANE SHAW
Motion No: CA 09-01443
Slip Opinion No: 2010 NY Slip Op 65909(U)
Decided on March 15, 2010
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.


March 15, 2010

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

DOCKET NO. CA 09-01443

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT,

V

DUANE SHAW, RESPONDENT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Livingston on June 9, 2009,

Now, upon reading and filing the affirmation of Kristin Dawson Henderson dated February 23, 2010, the notice of motion with proof of service thereof, the statement of Kathleen M. Arnold dated February 26, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before May 14, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 15, 2010

Patricia L. Morgan, Clerk