THE PEOPLE V CALVIN L. MCKOY
Motion No: KA 09-00151
Slip Opinion No: 2011 NY Slip Op 66478(U)
Decided on March 8, 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.


March 8, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND CARNI, 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 affidavit of Michael J. Stachowski, Esq. sworn to February 18, 2011, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated February 28, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered December 2, 2010 is hereby amended by striking therefrom the date March 2, 2011 and inserting in place thereof the date May 9, 2011.

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

Entered: March 8, 2011

Patricia L. Morgan, Clerk