THE PEOPLE V ANDRES AYALA
Motion No: KA 08-01055
Slip Opinion No: 2009 NYSlipOp 69092(U)
Decided on April 1, 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.


April 1, 2009

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

KA 08-01055
Indictment No: 84-1726-2

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ANDRES AYALA, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Erie County Court, entered August 21, 2007,

Now, upon reading and filing the affirmation of Lawrence A. Schulz, dated February 26, 2009, the notice of motion with proof of service thereof, the letter of Donna A. Milling, dated March 5, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the ordering paragraph of the order of this Court entered December 2, 2008 is hereby amended by striking therefrom the date March 2, 2009 and inserting in place thereof the date June 30, 2009.

Entered: April 1, 2009

Patricia L. Morgan, Deputy Clerk