| THE PEOPLE V OTIS L. SIMMONS |
| Motion No: KA 06-00037 & KA 08-01588 |
| Slip Opinion No: 2008 NYSlipOp 90366(U) |
| Decided on November 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. |
PRESENT: MARTOCHE, J.P., SMITH, FAHEY, AND PINE, JJ.
KA 06-00037 & KA 08-01588
Indictment No: 2005-0725-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V OTIS L.
SIMMONS, DEFENDANT-APPELLANT. |
Appellant having moved to adjourn the oral argument of the appeal taken from the judgment of Onondaga County Court, rendered October 11, 2005, and for other relief,
Now, upon reading and filing the affirmation of Philip Rothschild, dated November 18, 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 appeal is removed from the day calendar of this Court for December 2, 2008, and
It is further ORDERED that Philip Rothschild is directed to file and serve a notice of appeal in accordance with CPL 460.10 on or before December 24, 2008 from the order of Onondaga County Court entered July 10, 2008, and
It is further ORDERED that the appeal from the order of Onondaga County Court entered July 10, 2008 may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4(f), and GERALD T. BARTH
HISCOCK LEGAL AID SOCIETY
351 SOUTH WARREN STREET
SYRACUSE, NEW YORK 13202
is hereby assigned as counsel to conduct the appeal, and,
It is further ORDERED that the record and briefs on the appeal from the order of Onondaga County Court entered July 10, 2008 are to be filed and served within 120 days of the filing of the transcripts with the Onondaga County Clerk's Office, and
It is further ORDERED that the Clerk of the Onondaga County is hereby directed to provide GERALD T. BARTH with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that the appeal from the judgment of Onondaga County Court rendered October 11, 2005 shall be calendared with the appeal from the order of Onondaga County Court entered July 10, 2008 at such time as that appeal is perfected, and
It is further ORDERED that the motion is otherwise denied.
Entered: November 25, 2008
JoAnn M. Wahl, Clerk