THE PEOPLE V JEFFREY LOWERY
Motion No: KA 10-01224
Slip Opinion No: 2010 NY Slip Op 75895(U)
Decided on June 29, 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.


June 29, 2010

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

KA 10-01224
Indictment No: 76-1121

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JEFFREY LOWERY, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeal taken from an order of the Livingston County Court, entered July 25, 2008,

Now, upon reading and filing the affidavit of Jeff Lowery sworn to May 4, 2010, the notice of motion with proof of service thereof, the statement of Robert Shapiro, Esq. dated June 2, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, on the condition that the appeal is perfected on or before September 27, 2010.

Entered: June 29, 2010

Patricia L. Morgan, Clerk