THE PEOPLE V KEVIN P. BURLINGAME
Motion No: KA 17-00916
Slip Opinion No: 2017 NY Slip Op 83855(U)
Decided on August 23, 2017
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.


August 23, 2017

PRESENT: CENTRA, J.P., NEMOYER, TROUTMAN, WINSLOW, AND SCUDDER, JJ.

KA 17-00916
Indictment No: 07-149

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KEVIN P. BURLINGAME, DEFENDANT-APPELLANT.


Appellant having moved for reargument of the order of this Court entered June 15, 2017,

Now, upon reading and filing the affidavit of Kevin Burlingame sworn to August 2, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks reargument relief is denied, and

It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of the appeal taken from a judgment of Chautauqua County Court rendered December 4, 2007 is granted on the condition that the appeal is perfected on or before November 21, 2017.

Entered: August 23, 2017

Frances E. Cafarell, Clerk