PEOPLE V BRIAN K. ACE
Motion No: KA 07-00944
Slip Opinion No: 2008 NYSlipOp 60688(U)
Decided on January 8, 2008
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.


January 8, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 07-00944
Indictment No: 06-31

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BRIAN K. ACE, DEFENDANT-APPELLANT.


Respondent having moved for an extension of the time to file and serve a brief on the appeal taken from a judgment of Orleans County Court entered in the Office of the Clerk of the County of Orleans on April 9, 2007,

Now, upon reading and filing the affidavit of Joseph V. Cardone, sworn to December 18, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is dismissed as moot.

Entered: January 8, 2008

JoAnn M. Wahl, Clerk