People of State of New York v Brendan A. Mckiernan
Motion No: 2018-00704 WCR
Slip Opinion No: 2019 NY Slip Op 74264(U)
Decided on June 18, 2019
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

THOMAS A. ADAMS, P.J.

BRUCE E. TOLBERT

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

2018-00704 W CR
The People of the State of New York, Respondent, v Brendan A. McKiernan, Appellant.

Motion by appellant to enlarge the time to perfect on an appeal from a judgment of conviction of the City Court of New Rochelle, Westchester County, rendered February 16, 2018, and to "facilitate delivery of the trial court record."

Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is

ORDERED that the motion to enlarge the time to perfect the appeal is granted and the appeal shall be perfected on or before August 23, 3019, and it is further;

ORDERED that in the event the appeal is not perfected by August 23, 2019, the court, on its own motion, may dismiss the appeal or the respondent may move, on three days' notice, to dismiss the appeal, and it is further;

ORDERED that the branch of the motion to "facilitate delivery of the trial record is denied without prejudice. The trial judge has scheduled a conference with the parties to settle the record on June 20, 2019.

ENTER:

Paul Kenny

Chief Clerk