Johnathan Johnson v State of New York

Motion No: 509815

Slip Opinion No: 2011 NY Slip Op 61354(U)

Decided on January 13, 2011

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: January 13, 2011

Case # 509815

JOHNATHAN JOHNSON, Appellant, v STATE OF NEW YORK, Respondent. (Claim No. 116984.)

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeals.

Motion to settle record on appeal.

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

ORDERED that the motion for an extension of time to perfect the appeal taken by notice of appeal dated January 12, 2010 is denied, without costs, and the appeal is dismissed, and it is further

ORDERED that the motion for an extension of time to perfect the appeal taken by notice of appeal dated June 1, 2010 is denied, without costs, and the appeal is dismissed on the ground that no appeal may be taken from an order denying a motion for reargument (see Matter of Sital v Fischer, 76 AD3d 723 [2010]), and it is further

ORDERED that the motion to settle the record is denied, without costs, as academic.
CARDONA, P.J., PETERS, LAHTINEN, McCARTHY and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court