THE PEOPLE V MICHAEL SPICOLA
Motion No: KA 08-02336
Slip Opinion No: 2008 NYSlipOp 93336(U)
Decided on December 29, 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 29, 2008

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

KA 08-02336
Indictment No: 2432-2006

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL SPICOLA, 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 Erie County Court, rendered August 9, 2007,

Now, upon reading and filing the affidavit of Shawn P. Hennessy, sworn to December 8, 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, and the time to file and serve a respondent's brief is extended to January 28, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to February 13, 2009.

Entered: December 29, 2008

JoAnn M. Wahl, Clerk