People v Richard M. Carbone

Motion No: 103311

Slip Opinion No: 2010 NY Slip Op 73392(U)

Decided on June 2, 2010

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: June 2, 2010

Case # 103311

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v RICHARD M. CARBONE, Appellant.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal.

Cross motion for a declaration regarding time limitations in criminal appeals or, in the alternative, an extension of time.

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

ORDERED that the motion to dismiss the appeal is denied, and it is further

ORDERED that the cross motion for a declaration is denied, and it is further

ORDERED that the cross motion for an extension of time is granted to the extent that the time to perfect the appeal is extended to July 30, 2010.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court