People v Kirk F. Carney

Motion No: 104527

Slip Opinion No: 2012 NY Slip Op 94435(U)

Decided on December 21, 2012

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: December 21, 2012104527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v KIRK F. CARNEY, Appellant.

DECISION AND ORDER ON MOTION

Motion to compel production of transcript or to vacate conviction and for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion to compel is granted to the extent that Melvyn Tapper is directed to produce and file a stenographic transcript of the minutes of the July 22, 2011 court appearance or a written statement that no minutes were taken by him on such date on or before January 20, 2013, and it is further

ORDERED that the motion for an extension of time to perfect the appeal is granted, and the time to perfect the appeal is extended to March 18, 2013, and it is further

ORDERED that the motion to vacate the conviction is denied.
PETERS, P.J., MALONE JR., STEIN, McCARTHY and EGAN JR., JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court