THE PEOPLE V KEVIN M. SKINNER, II
Motion No: KA 10-01815
Slip Opinion No: 2011 NY Slip Op 83576(U)
Decided on September 13, 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.


September 13, 2011

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

KA 10-01815
Indictment No: 2009-0974C

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KEVIN M. SKINNER, II, DEFENDANT-APPELLANT.


Appellant having moved upon the return of an order to show cause granted by Honorable Stephen K. Lindley on August 18, 2011 for an order pursuant to CPL 460.50 staying the execution of the judgment of Supreme Court Monroe County entered August 24, 2010,

Now, upon reading and filing the affirmation of Gary Muldoon, Esq. dated August 16, 2011, the show cause order with proof of service thereof, the statement of Stephen X. O'Brien, Esq. dated September 7, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the stay granted by Justice Lindley on September 10, 2010 is extended nunc pro tunc from December 10, 2009 on the condition that the appeal is perfected on or before December 12, 2011.

Entered: September 13, 2011

Patricia L. Morgan, Clerk