THE PEOPLE V ANDRES AYALA
Motion No: KA 08-01055
Slip Opinion No: 2009 NY Slip Op 78803(U)
Decided on July 17, 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.


July 17, 2009

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, 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, rendered August 21, 2007, and for other relief,

Now, upon reading and filing the affidavits of Andres Ayala, sworn to June 16, 2009, the affirmation of Lawrence A. Schulz, dated June 16, 2009, the notice of motion with proof of service thereof, the letter of Donna A. Milling, dated June 22, 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 April 1, 2009 is hereby amended by striking therefrom the date June 30, 2009 and inserting in place thereof the date October 14, 2009.

It is further ORDERED that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(2) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4(f) .

Entered: July 17, 2009

Patricia L. Morgan, Clerk