People of State of New York v Andrew T. Mcdonald
Motion No: 2010-00640 scr
Slip Opinion No: 2010 NY Slip Op 89281(U)
Decided on November 26, 2010
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-640 S CR
The People of the State of New York, Respondent, v Andrew T. McDonald, Appellant.

Motion by appellant to vacate an order of this court dated September 14, 2010 which dismissed his appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered March 16, 2010. Separate motion by appellant for an enlargement of time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in response thereto, it is

ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,

ORDERED that the motions are granted, the order of this court dated September 14, 2010 dismissing the appeal is vacated and the appeal shall be perfected by January 7, 2011.

ENTER:

Francis A. Nicolai

Presiding Justice