THE PEOPLE V MICHAEL D. KELLY
Motion No: KA 10-02150
Slip Opinion No: 2010 NY Slip Op 91721(U)
Decided on December 20, 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 20, 2010

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

KA 10-02150
SCI No: 2010-3149

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL D. KELLY, DEFENDANT-RESPONDENT.


Defendant having moved pursuant to CPL 460.30 to extend the time to take an appeal from a judgment of the Monroe County Court, rendered March 9, 2010,

Now, upon reading and filing the affidavit of Michael D. Kelly sworn to October 14, 2010, the notice of motion with proof of service thereof, the affidavit of Kevin McKain, Esq. sworn to November 9, 2010, and the statements of Loretta S. Courtney, Esq. dated November 23, 2010 and October 1, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Michael D. Kelly is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before January 19, 2011.

Entered: December 20, 2010

Patricia L. Morgan, Clerk