Opinion
Motion No: 108010
12-18-2015
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD R. MITCHELL, Appellant.
DECISION AND ORDER ON MOTION
Motion to vacate order dismissing appeal on default and for further relief.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion to vacate this Court's October 5, 2010 order dismissing the appeal by default is granted, and it is further
ORDERED that the motion to dismiss the appeal for failure of prosecution is denied, and it is further
ORDERED that the time to perfect the appeal is extended to February 16, 2016, and it is further
ORDERED that G. Scott Walling, Esq., 29 Jay Street #850, Schenectady, New York 12305, (518) 832-9257, is assigned to represent appellant upon this appeal pursuant to County Law § 722, and the appeal shall be perfected in accordance with section 800.14 of this Court's Rules of Practice, and it is further
ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the Chemung County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court.
McCarthy, J.P., Garry, Devine and Clark, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court