THE PEOPLE V TYRONE PRESCOTT
Motion No: KA 05-01142
Slip Opinion No: 2009 NY Slip Op 70350(U)
Decided on April 13, 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 13, 2009

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

KA 05-01142
Indictment No: 2004-0711

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TYRONE PRESCOTT, 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 March 7, 2005,

Now, upon reading and filing the affidavit of Matthew B. Powers, sworn to March 25, 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 April 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 May 13, 2009.

Entered: April 13, 2009

Patricia L. Morgan, Deputy Clerk