PEOPLE V KYLE E. MILLER
Motion No: KA 07-00685
Slip Opinion No: 2008 NYSlipOp 81389(U)
Decided on August 25, 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.


August 25, 2008

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

KA 07-00685
Indictment No: 05-211-2

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KYLE E. MILLER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the judgment of Cattaraugus County Court entered in the Office of the Clerk of the County of Cattaraugus on January 8, 2007,

Now, upon reading and filing the affidavit of John A. Cirando, sworn to August 6, 2008, 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 granted to the extent that the ordering paragraph of the order of this Court entered June 9, 2008 is hereby amended by striking therefrom the date August 8, 2008 and inserting in place thereof the date October 24, 2008.

Entered: August 25, 2008

JoAnn M. Wahl, Clerk