| THE PEOPLE V MICHAEL SPICOLA |
| Motion No: KA 08-02336 |
| Slip Opinion No: 2009 NYSlipOp 63480(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. |
PRESENT: SCUDDER, P.J., MARTOCHE, FAHEY, PERADOTTO, AND GREEN, JJ.
KA 08-02336
Indictment No: 2432-2006
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MICHAEL
SPICOLA, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to file and serve a reply brief on the appeal taken from the judgment of Erie County Court, rendered August 9, 2007,
Now, upon reading and filing the affidavit of Roger W. Wilcox, Jr., sworn to January 28, 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 dismissed as premature.
Entered: February 9, 2009
JoAnn M. Wahl, Clerk