THE PEOPLE V ROOSEVELT APPLETON
Motion No: KA 07-02352
Slip Opinion No: 2009 NYSlipOp 63464(U)
Decided on February 9, 2009
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.


February 9, 2009

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, AND GREEN, JJ.

KA 07-02352
Indictment No: 2006-1284

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROOSEVELT APPLETON, 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 Supreme Court, Erie County, rendered June 27, 2007,

Now, upon reading and filing the affidavit of Donna A. Milling, sworn to January 23, 2009, 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 February 17, 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 27, 2009.

Entered: February 9, 2009

JoAnn M. Wahl, Clerk