THE PEOPLE V MYCHAL A. CARR
Motion No: KA 09-01480
Slip Opinion No: 2011 NY Slip Op 62419(U)
Decided on January 24, 2011
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.


January 24, 2011

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

KA 09-01480
Indictment No: 2008-1258

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MYCHAL A. CARR, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Erie County Court, rendered May 20, 2009,

Now, upon reading and filing the affirmation of Frank Housh, Esq. dated December 1, 2010, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated December 21, 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 February 23, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Memorandum: The appeal should be perfected within the time frame set forth in this order.

Entered: January 24, 2011

Patricia L. Morgan, Clerk