People v Varrel E. Mitchell Sr.



People v Varrel E. Mitchell Sr.
Motion No: 15025
Slip Opinion No: 2010 NY Slip Op 83396(U)
Decided on September 23, 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: September 23, 2010

Case # 15025


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
VARREL E. MITCHELL SR.,

Appellant.


DECISION AND ORDER
ON MOTION


Motion by the People to dismiss appeal for failure of prosecution.

Application by appellant for extension of time to perfect appeal.

Upon the papers filed in support of the motion and application and papers having been filed in opposition to the motion to dismiss, it is

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

ORDERED that the application is granted, and the time to perfect the appeal is extended to November 15, 2010. It is noted that no further extensions of time to perfect the appeal will be granted absent an unanticipated and extraordinary excuse for the delay .
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court