| THE PEOPLE V JOHN R. MCLELLAN |
| Motion No: KA 09-01060 |
| Slip Opinion No: 2010 NY Slip Op 81286(U) |
| Decided on August 31, 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 09-01060
Indictment No: 08-67
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOHN R.
MCLELLAN, DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeal taken from a judgment of the Orleans County Court, rendered February 27, 2009,
Now, upon reading and filing the affirmation of Clark J. Zimmerman, Jr., Esq. dated July 28, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that the appeal is perfected on or before October 29, 2010.
Entered: August 31, 2010
Patricia L. Morgan, Clerk