THE PEOPLE V CALVIN L. MCKOY
Motion No: KA 09-00151
Slip Opinion No: 2010 NY Slip Op 90203(U)
Decided on December 2, 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.


December 2, 2010

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

KA 09-00151
Indictment No: 2007-02192R

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CALVIN L. MCKOY, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Supreme Court, Erie County rendered December 17, 2008,

Now, upon reading and filing the affirmation of Michael J. Stachowski sworn to October 21, 2010, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated October 26, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before March 2, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 2, 2010

Patricia L. Morgan, Clerk