THE PEOPLE V GENE D. HENRY
Motion No: KA 09-00078
Slip Opinion No: 2009 NY Slip Op 80519(U)
Decided on August 10, 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.


August 10, 2009

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

KA 09-00078
SCI No: 2008-154

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

GENE D. HENRY, 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 Cayuga County Court, rendered December 4, 2008,

Now, upon reading and filing the affidavit of Diane M. Adsit, sworn to July 23, 2009, the notice of motion with proof of service thereof, the letter of Charles A. Marangola, dated July 27, 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 August 20, 2009, and

It is further ORDERED that the time to file and serve a reply brief be and the same hereby is extended to September 4, 2009.

Entered: August 10, 2009

Patricia L. Morgan, Clerk