THE PEOPLE V KYLE E. MILLER
Motion No: KA 07-00685
Slip Opinion No: 2008 NYSlipOp 91586(U)
Decided on December 2, 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.


December 2, 2008

PRESENT: SMITH, J.P., CENTRA, FAHEY, GREEN, AND PINE, JJ.

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KYLE E. MILLER, 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 Cattaraugus County Court, rendered January 8, 2007,

Now, upon reading and filing the affidavit of Edward M. Sharkey, sworn to October 24, 2008, the notice of motion with proof of service thereof, the affidavit of John A. Cirando, sworn to October 30, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted, and the time to file and serve a respondent's brief is extended to December 22, 2008, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to January 6, 2009.

Entered: December 2, 2008

JoAnn M. Wahl, Clerk