THE PEOPLE V WALTER MILLER
Motion No: KA 07-02657
Slip Opinion No: 2009 NYSlipOp 68368(U)
Decided on March 31, 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.


March 31, 2009

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

KA 07-02657
Indictment No: 2187-2006

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WALTER 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 Supreme Court, Erie County, rendered December 10, 2007,

Now, upon reading and filing the affidavit of Raymond C. Herman, sworn to March 17, 2009, the notice of motion with proof of service thereof, the letter of Timothy P. Murphy, dated March 19, 2009, 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 April 9, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to April 24, 2009.

Entered: March 31, 2009

JoAnn M. Wahl, Clerk