THE PEOPLE V JOHN MOORE
Motion No: KA 07-02435
Slip Opinion No: 2008 NYSlipOp 88603(U)
Decided on November 3, 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.


November 3, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, GREEN, AND GORSKI, JJ.

KA 07-02435
Indictment No: 2006-629

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN MOORE, DEFENDANT-APPELLANT.


Respondent having moved to withdraw the respondent's brief on the appeal taken from the judgment of Niagara County, rendered August 16, 2007, filed with the Court on June 25, 2008, and for other relief,

Now, upon reading and filing the affidavit of Thomas H. Brandt, sworn to October 20, 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It is hereby ORDERED that the motion be and the same hereby is granted, to the extent that respondent's brief is deemed withdrawn, and

It is further ORDERED that respondent shall file and serve a brief on or before November 13, 2008, and

It is further ORDERED that the time to file and serve a reply brief, if any, be filed and served on or before November 28, 2008.

Entered: November 3, 2008

JoAnn M. Wahl, Clerk